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7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to higher education governance.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ renames the State Board of Regents to the Utah Board of Higher Education;
14 ▸ enacts provisions related to the Utah Board of Higher Education, including:
15 • powers and duties;
16 • membership;
17 • compensation for members; and
18 • committees;
19 ▸ creates a nominating committee to nominate individuals to the governor to appoint
20 to the Utah Board of Higher Education;
21 ▸ repeals the Utah System of Technical Colleges Board of Trustees;
22 ▸ transitions duties of the Utah System of Technical Colleges Board of Trustees to the
23 Utah Board of Higher Education;
24 ▸ provides that the Utah Board of Higher Education is the successor to the Utah
25 System of Technical Colleges Board of Trustees;
26 ▸ provides for the transition in the membership of the Utah Board of Higher
27 Education from the membership of the State Board of Regents and the Utah System
28 of Technical Colleges Board of Trustees;
29 ▸ creates the positions of associate commissioner for academic education and
30 associate commissioner for technical education;
31 ▸ repeals provisions related to the commissioner of technical education;
32 ▸ amends provisions related to the selection of institution of higher education
33 presidents;
34 ▸ amends requirements related to an institution of higher education's authority to
35 approve a new program of instruction;
36 ▸ changes the name of a governing board for a technical college from a technical
37 college board of directors to a technical college board of trustees;
38 ▸ amends provisions related to the Higher Education Strategic Planning Commission,
39 including extending the commission by one year;
40 ▸ amends other provisions related to higher education; and
41 ▸ makes technical and conforming changes.
42 Money Appropriated in this Bill:
43 This bill appropriates in fiscal year 2021:
44 ▸ to the Legislature - Office of Legislative Research and General Counsel as a
45 one-time appropriation:
46 • from the General Fund $1,200;
47 ▸ to the Legislature - Senate as a one-time appropriation:
48 • from the General Fund $4,000;
49 ▸ to the Legislature - House of Representatives as a one-time appropriation:
50 • from the General Fund $4,000;
51 ▸ to the State Board of Regents - Administration, as an ongoing appropriation:
52 • from the Education Fund, $4,742,600;
53 • from Revenue Transfers, $106,200;
54 • from Beginning Nonlapsing Balances, $380,800;
55 • from Closing Nonlapsing Balances, ($380,800);
56 ▸ to the State Board of Regents - Student Assistance, as an ongoing appropriation:
57 • from the Education Fund, $38,400;
58 ▸ to the State Board of Regents - Student Support, as an ongoing appropriation:
59 • from the Education Fund, $18,605,800;
60 • from Beginning Nonlapsing Balances, $459,900;
61 • from Closing Nonlapsing Balances, ($459,900);
62 ▸ to the State Board of Regents - Student Support, as a one-time appropriation:
63 • from the Education Fund, One-time, $862,100;
64 • from Education Fund Restricted - Performance Funding Restricted Account,
65 One-time, $381,100;
66 ▸ to the State Board of Regents - Technology, as an ongoing appropriation:
67 • from the Education Fund, ($7,983,500);
68 • from Beginning Nonlapsing Balances, ($700);
69 • from Closing Nonlapsing Balances, $700;
70 ▸ to the State Board of Regents - Technology, as a one-time appropriation:
71 • from the Education Fund, One-time, ($862,100);
72 • from Education Fund Restricted - Performance Funding Restricted Account,
73 One-time, ($143,700);
74 ▸ to the State Board of Regents - Economic Development, as an ongoing
75 appropriation:
76 • from the Education Fund, ($5,386,400);
77 • from Beginning Nonlapsing Balances, ($127,400);
78 • from Closing Nonlapsing Balances, $127,400;
79 ▸ to the State Board of Regents - Education Excellence, as an ongoing appropriation:
80 • from the Education Fund, ($935,900);
81 • from Education Fund Restricted - Performance Funding Restricted Account,
82 ($143,700);
83 • from Revenue Transfers, ($106,200);
84 • from Beginning Nonlapsing Balances, ($214,000);
85 • from Closing Nonlapsing Balances, $214,000;
86 ▸ to the State Board of Regents - Education Excellence, as a one-time appropriation:
87 • from Education Fund Restricted - Performance Funding Restricted Account,
88 One-time, $143,700;
89 ▸ to the State Board of Regents - Math Competency Initiative, as an ongoing
90 appropriation:
91 • from the Education Fund, ($1,926,200);
92 • from Beginning Nonlapsing Balances, ($485,400);
93 • from Closing Nonlapsing Balances, $485,400; and
94 ▸ to the Utah System of Technical Colleges - Utah System of Technical Colleges
95 Administration:
96 • from the Education Fund, ($7,154,800);
97 • from Education Fund Restricted - Performance Funding Restricted Account,
98 ($237,400);
99 • from Beginning Nonlapsing Balances, ($13,200);
100 • from Closing Nonlapsing Balances, $13,200.
101 Other Special Clauses:
102 This bill provides a special effective date.
103 This bill provides coordination clauses.
104 This bill provides revisor instructions.
105 Utah Code Sections Affected:
106 AMENDS:
107 7-22-101, as last amended by Laws of Utah 2015, Chapter 284
108 9-9-104.6, as last amended by Laws of Utah 2019, Chapter 246
109 9-22-103, as renumbered and amended by Laws of Utah 2019, Chapter 487
110 9-22-104, as renumbered and amended by Laws of Utah 2019, Chapter 487
111 9-22-106, as renumbered and amended by Laws of Utah 2019, Chapter 487
112 11-17-17, as last amended by Laws of Utah 1993, Chapters 4 and 67
113 11-27-2, as last amended by Laws of Utah 2016, Chapter 350
114 11-59-302, as enacted by Laws of Utah 2018, Chapter 388
115 13-34a-104, as last amended by Laws of Utah 2017, Chapter 98
116 19-3-320, as last amended by Laws of Utah 2016, Chapter 144
117 20A-11-1202, as last amended by Laws of Utah 2019, Chapter 203
118 35A-1-206, as last amended by Laws of Utah 2018, Chapter 39
119 35A-5-103, as last amended by Laws of Utah 2016, Chapter 144
120 35A-6-105, as enacted by Laws of Utah 2019, Chapter 224
121 35A-8-2103, as renumbered and amended by Laws of Utah 2018, Chapter 182
122 35A-13-603, as last amended by Laws of Utah 2019, Chapter 89
123 35A-14-102, as last amended by Laws of Utah 2018, Chapter 341 and last amended by
124 Coordination Clause, Laws of Utah 2018, Chapter 315
125 35A-14-203, as enacted by Laws of Utah 2017, Chapter 375
126 35A-14-302, as enacted by Laws of Utah 2017, Chapter 375
127 36-21-1, as last amended by Laws of Utah 2018, Chapter 25
128 36-28-102, as last amended by Laws of Utah 2018, Chapter 39
129 41-6a-2002, as last amended by Laws of Utah 2018, Chapter 25
130 49-11-102, as last amended by Laws of Utah 2019, Chapter 31
131 49-11-403, as last amended by Laws of Utah 2015, Chapter 243
132 49-12-203, as last amended by Laws of Utah 2018, Chapter 10 and last amended by
133 Coordination Clause, Laws of Utah 2018, Chapter 315
134 49-12-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
135 49-12-402, as last amended by Laws of Utah 2017, Chapter 141
136 49-13-203, as last amended by Laws of Utah 2018, Chapter 10 and last amended by
137 Coordination Clause, Laws of Utah 2018, Chapter 315
138 49-13-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
139 49-13-402, as last amended by Laws of Utah 2019, Chapter 31
140 49-21-102, as last amended by Laws of Utah 2018, Chapter 185
141 49-22-203, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
142 49-22-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
143 51-7-4, as last amended by Laws of Utah 2017, Chapter 363
144 51-7-13, as last amended by Laws of Utah 2018, Chapter 415
145 51-8-303, as enacted by Laws of Utah 2007, Chapter 59
146 51-9-201, as last amended by Laws of Utah 2014, Chapter 96
147 53-2a-802, as last amended by Laws of Utah 2017, Chapter 363
148 53-7-204, as last amended by Laws of Utah 2018, Chapter 152
149 53B-1-101.5, as last amended by Laws of Utah 2017, Chapter 382
150 53B-1-102, as last amended by Laws of Utah 2017, Chapter 382
151 53B-1-109, as last amended by Laws of Utah 2018, Chapter 415
152 53B-1-114, as last amended by Laws of Utah 2018, Chapter 415
153 53B-1-301, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
154 Coordination Clause, Laws of Utah 2019, Chapter 444
155 53B-2-102, as last amended by Laws of Utah 2018, Chapter 382
156 53B-2-103, as last amended by Laws of Utah 2017, Chapter 382
157 53B-2-104, as last amended by Laws of Utah 2019, Chapter 357
158 53B-2-106, as last amended by Laws of Utah 2017, Chapter 382
159 53B-2a-100.5, as enacted by Laws of Utah 2017, Chapter 382
160 53B-2a-101, as last amended by Laws of Utah 2019, Chapter 482
161 53B-2a-104, as last amended by Laws of Utah 2018, Chapter 382
162 53B-2a-105, as last amended by Laws of Utah 2018, Chapter 382
163 53B-2a-106, as last amended by Laws of Utah 2018, Chapters 382 and 415
164 53B-2a-107, as last amended by Laws of Utah 2018, Chapter 382
165 53B-2a-108, as repealed and reenacted by Laws of Utah 2018, Chapter 382
166 53B-2a-109, as last amended by Laws of Utah 2018, Chapter 382
167 53B-2a-110, as last amended by Laws of Utah 2017, Chapter 382
168 53B-2a-112, as last amended by Laws of Utah 2018, Chapter 382
169 53B-2a-113, as last amended by Laws of Utah 2018, Chapter 382
170 53B-2a-114, as last amended by Laws of Utah 2018, Chapter 382
171 53B-2a-115, as enacted by Laws of Utah 2017, Chapter 382
172 53B-2a-116, as last amended by Laws of Utah 2019, Chapter 13
173 53B-2a-117, as enacted by Laws of Utah 2019, Chapter 482
174 53B-6-104, as last amended by Laws of Utah 2017, Chapter 43
175 53B-6-105.5, as last amended by Laws of Utah 2019, Chapter 444
176 53B-6-105.9, as last amended by Laws of Utah 2008, Chapter 382
177 53B-6-106, as last amended by Laws of Utah 2017, Chapter 382
178 53B-7-101, as last amended by Laws of Utah 2019, Chapters 324 and 482
179 53B-7-104, as last amended by Laws of Utah 1989, Chapter 277
180 53B-7-702, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
181 53B-7-703, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
182 53B-7-705, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
183 53B-7-706, as last amended by Laws of Utah 2019, Chapter 324
184 53B-7-707, as last amended by Laws of Utah 2019, Chapter 324
185 53B-8-101, as last amended by Laws of Utah 2018, Chapters 281 and 382
186 53B-8-103, as last amended by Laws of Utah 2013, Chapters 10 and 23
187 53B-8-104, as last amended by Laws of Utah 2019, Chapter 324
188 53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
189 53B-8-107, as last amended by Laws of Utah 2018, Chapter 39
190 53B-8-201, as last amended by Laws of Utah 2019, Chapter 444
191 53B-8-301, as enacted by Laws of Utah 2019, Chapter 444
192 53B-8-303, as enacted by Laws of Utah 2019, Chapter 444
193 53B-8a-102.5, as enacted by Laws of Utah 2017, Chapter 389
194 53B-8a-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
195 53B-8e-103, as last amended by Laws of Utah 2018, Chapter 39
196 53B-10-201, as enacted by Laws of Utah 2018, Chapter 402
197 53B-11-104, as enacted by Laws of Utah 1998, Chapter 70
198 53B-12-102, as last amended by Laws of Utah 2011, Chapter 46
199 53B-16-101, as last amended by Laws of Utah 2017, Chapter 382
200 53B-16-102, as last amended by Laws of Utah 2017, Chapter 382
201 53B-16-105, as last amended by Laws of Utah 2019, Chapter 102
202 53B-16-107, as last amended by Laws of Utah 2019, Chapter 102
203 53B-16-110, as enacted by Laws of Utah 2019, Chapter 102
204 53B-16-202, as renumbered and amended by Laws of Utah 1987, Chapter 8
205 53B-16-205, as last amended by Laws of Utah 2009, Chapter 346
206 53B-16-205.5, as enacted by Laws of Utah 2014, Chapter 69
207 53B-16-209, as last amended by Laws of Utah 2017, Chapter 382
208 53B-16-303, as last amended by Laws of Utah 2008, Chapter 382
209 53B-16-401, as last amended by Laws of Utah 2017, Chapter 382
210 53B-16-402, as enacted by Laws of Utah 1996, Chapter 73
211 53B-16-501, as last amended by Laws of Utah 2015, Chapter 337
212 53B-17-101, as last amended by Laws of Utah 2014, Chapter 63
213 53B-17-103, as last amended by Laws of Utah 2006, Chapter 150
214 53B-17-104, as last amended by Laws of Utah 2014, Chapter 63
215 53B-17-105, as last amended by Laws of Utah 2017, Chapter 382
216 53B-17-503, as enacted by Laws of Utah 1987, Chapter 167
217 53B-17-505, as enacted by Laws of Utah 1987, Chapter 167
218 53B-17-901, as enacted by Laws of Utah 2013, Chapter 302
219 53B-17-1203, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
220 amended by Laws of Utah 2019, Chapter 446 and last amended by Coordination
221 Clause, Laws of Utah 2019, Chapter 446
222 53B-17-1204, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
223 amended by Laws of Utah 2019, Chapter 446 and last amended by Coordination
224 Clause, Laws of Utah 2019, Chapter 446
225 53B-18-501, as enacted by Laws of Utah 1988, Chapter 218
226 53B-18-1301, as enacted by Laws of Utah 2011, Chapter 249
227 53B-21-104, as enacted by Laws of Utah 1987, Chapter 167
228 53B-21-105, as last amended by Laws of Utah 2011, Chapter 342
229 53B-21-113, as enacted by Laws of Utah 1987, Chapter 167
230 53B-22-201, as enacted by Laws of Utah 2019, Chapter 482
231 53B-23-104, as enacted by Laws of Utah 2006, Chapter 301
232 53B-23-106, as enacted by Laws of Utah 2006, Chapter 301
233 53B-26-103, as last amended by Laws of Utah 2019, Chapters 324 and 357
234 53B-26-202, as last amended by Laws of Utah 2019, Chapter 324
235 53B-27-301, as enacted by Laws of Utah 2018, Chapter 325
236 53B-27-303, as enacted by Laws of Utah 2018, Chapter 325
237 53B-28-401, as enacted by Laws of Utah 2019, Chapter 476
238 53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
239 Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
240 53E-1-203, as enacted by Laws of Utah 2019, Chapter 324
241 53E-2-302, as last amended by Laws of Utah 2019, Chapter 186
242 53E-3-502, as renumbered and amended by Laws of Utah 2018, Chapter 1
243 53E-3-505, as last amended by Laws of Utah 2019, Chapters 186 and 226
244 53E-3-507, as last amended by Laws of Utah 2019, Chapters 186, 324, and 357
245 53E-4-206, as last amended by Laws of Utah 2019, Chapter 186
246 53E-4-308, as last amended by Laws of Utah 2019, Chapters 186 and 342
247 53E-6-201, as last amended by Laws of Utah 2019, Chapter 186
248 53E-10-301, as last amended by Laws of Utah 2019, Chapters 120 and 147
249 53E-10-302, as last amended by Laws of Utah 2019, Chapters 120, 147, and 186
250 53E-10-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
251 53E-10-304, as last amended by Laws of Utah 2019, Chapter 186
252 53E-10-305, as last amended by Laws of Utah 2019, Chapters 120, 147, and 223
253 53E-10-308, as last amended by Laws of Utah 2019, Chapters 186 and 324
254 53E-10-704, as last amended by Laws of Utah 2019, Chapter 186
255 53F-2-409, as last amended by Laws of Utah 2019, Chapters 136 and 186
256 53F-2-501, as last amended by Laws of Utah 2019, Chapter 186
257 53F-5-204, as last amended by Laws of Utah 2019, Chapters 186 and 324
258 53F-5-205, as last amended by Laws of Utah 2019, Chapter 186
259 53G-5-102, as last amended by Laws of Utah 2019, Chapter 293
260 53G-5-306, as last amended by Laws of Utah 2019, Chapter 293
261 53G-10-303, as last amended by Laws of Utah 2019, Chapter 293
262 54-8b-10, as last amended by Laws of Utah 2019, Chapter 349
263 58-22-302, as last amended by Laws of Utah 2017, Chapter 382
264 59-12-102, as last amended by Laws of Utah 2019, Chapters 325, 481, and 486
265 63A-3-103, as last amended by Laws of Utah 2019, Chapter 370
266 63A-3-110, as last amended by Laws of Utah 2019, Chapter 211
267 63A-4-103, as last amended by Laws of Utah 2010, Chapter 324
268 63A-5-104, as last amended by Laws of Utah 2019, Chapters 468 and 482
269 63A-5-303, as enacted by Laws of Utah 1995, Chapter 113
270 63A-5-305, as last amended by Laws of Utah 2016, Chapter 240
271 63A-5-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
272 63C-19-102, as enacted by Laws of Utah 2018, Chapter 382
273 63C-19-201, as enacted by Laws of Utah 2018, Chapter 382
274 63C-19-202, as enacted by Laws of Utah 2018, Chapter 382
275 63D-2-102, as last amended by Laws of Utah 2009, Chapter 356
276 63F-1-102, as last amended by Laws of Utah 2019, Chapter 246
277 63F-1-206, as last amended by Laws of Utah 2017, Chapter 238
278 63F-1-303, as last amended by Laws of Utah 2019, Chapter 246
279 63F-2-102, as last amended by Laws of Utah 2018, Chapter 81
280 63G-2-103, as last amended by Laws of Utah 2019, Chapters 254 and 280
281 63G-6a-103, as last amended by Laws of Utah 2019, Chapters 136, 170, 314, and 456
282 63G-6a-202, as last amended by Laws of Utah 2016, Chapter 144
283 63G-7-301, as last amended by Laws of Utah 2019, Chapters 229 and 248
284 63G-10-102, as last amended by Laws of Utah 2016, Chapter 144
285 63I-2-253, as last amended by Laws of Utah 2019, Chapters 41, 129, 136, 223, 324,
286 325, and 444
287 63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
288 and 483
289 63I-5-102, as last amended by Laws of Utah 2016, Chapters 144 and 195
290 63I-5-201, as last amended by Laws of Utah 2018, Chapter 25
291 63J-1-210, as last amended by Laws of Utah 2011, Chapters 323 and 342
292 63J-1-219, as last amended by Laws of Utah 2018, Chapter 39
293 63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
294 63J-2-102, as last amended by Laws of Utah 2018, Chapter 469
295 63J-3-103, as last amended by Laws of Utah 2017, Chapter 382
296 63N-1-301, as last amended by Laws of Utah 2019, Chapter 487
297 63N-12-503, as last amended by Laws of Utah 2019, Chapter 427
298 63N-12-508, as enacted by Laws of Utah 2019, Chapter 487
299 67-8-3, as last amended by Laws of Utah 2018, Chapter 415
300 67-19c-101, as last amended by Laws of Utah 2012, Chapter 212
301 67-21-3, as last amended by Laws of Utah 2018, Chapter 178
302 ENACTS:
303 53B-1-401, Utah Code Annotated 1953
304 53B-1-403, Utah Code Annotated 1953
305 53B-1-405, Utah Code Annotated 1953
306 53B-1-406, Utah Code Annotated 1953
307 53B-1-407, Utah Code Annotated 1953
308 53B-1-409, Utah Code Annotated 1953
309 53B-1-410, Utah Code Annotated 1953
310 53B-1-501, Utah Code Annotated 1953
311 53B-1-502, Utah Code Annotated 1953
312 53B-1-503, Utah Code Annotated 1953
313 RENUMBERS AND AMENDS:
314 53B-1-402, (Renumbered from 53B-1-103, as last amended by Laws of Utah 2019,
315 Chapter 357)
316 53B-1-404, (Renumbered from 53B-1-104, as last amended by Laws of Utah 2018,
317 Chapter 382)
318 53B-1-408, (Renumbered from 53B-1-105, as last amended by Laws of Utah 2012,
319 Chapter 78)
320 REPEALS:
321 53B-1-101, as last amended by Laws of Utah 2017, Chapter 382
322 53B-1-106, as last amended by Laws of Utah 2018, Chapter 325
323 53B-1-107, as last amended by Laws of Utah 2019, Chapter 324
324 53B-2a-102, as last amended by Laws of Utah 2018, Chapter 382
325 53B-2a-111, as last amended by Laws of Utah 2017, Chapter 382
326 Utah Code Sections Affected by Coordination Clause:
327 53B-1-501, Utah Code Annotated 1953
328 63G-6a-103, as last amended by Laws of Utah 2019, Chapters 136, 170, 314, and 456
329 63N-12-507, as enacted by Laws of Utah 2019, Chapter 427
330 67-1-2, as last amended by Laws of Utah 2008, Chapter 382
331
332 Be it enacted by the Legislature of the state of Utah:
333 Section 1. Section 7-22-101 is amended to read:
334 7-22-101. Definitions -- Exemptions.
335 (1) As used in this chapter:
336 (a) "Escrow" means an agreement, express or implied, that provides for one or more
337 parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a
338 deed, or other property or asset to another person to be held, paid, or delivered in accordance
339 with terms and conditions prescribed in the agreement.
340 (b) "Escrow agent" means a person that provides or offers to provide escrow services
341 to the public.
342 (c) "Nationwide database" means the Nationwide Mortgage Licensing System and
343 Registry, authorized under 12 U.S.C. Sec. 5101 for federal licensing of mortgage loan
344 originators.
345 (2) This chapter does not apply to:
346 (a) a trust company authorized to engage in the trust business in Utah in accordance
347 with Chapter 5, Trust Business;
348 (b) a person other than an escrow agent regulated under this chapter that is exempted
349 from the definition of trust business in Subsection 7-5-1(1);
350 (c) a depository institution chartered by a state or the federal government that is
351 engaged in business as a depository institution in Utah;
352 (d) the [
353 Education Assistance Authority, or the State Treasurer; and
354 (e) a person licensed under Title 31A, Insurance Code.
355 Section 2. Section 9-9-104.6 is amended to read:
356 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
357 Contact information.
358 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
359 division shall coordinate with representatives of tribal governments and the entities listed in
360 Subsection (2) to provide for the broadest participation possible in the joint meetings.
361 (2) The following may participate in all meetings described in Subsection (1):
362 (a) the chairs of the Native American Legislative Liaison Committee created in Section
363 36-22-1;
364 (b) the governor or the governor's designee;
365 (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
366 with Section 26-7-2.5; or
367 (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
368 representative of the Department of Health appointed by the executive director of the
369 Department of Health;
370 (d) the American Indian-Alaskan Native Public Education Liaison appointed in
371 accordance with Section 53F-5-604; and
372 (e) a representative appointed by the chief administrative officer of the following:
373 (i) the Department of Human Services;
374 (ii) the Department of Natural Resources;
375 (iii) the Department of Workforce Services;
376 (iv) the Governor's Office of Economic Development;
377 (v) the State Board of Education; and
378 (vi) the [
379 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
380 (i) designate the name of a contact person for that agency that can assist in coordinating
381 the efforts of state and tribal governments in meeting the needs of the Native Americans
382 residing in the state; and
383 (ii) notify the division:
384 (A) who is the designated contact person described in Subsection (3)(a)(i); and
385 (B) of any change in who is the designated contact person described in Subsection
386 (3)(a)(i).
387 (b) This Subsection (3) applies to:
388 (i) the Department of Agriculture and Food;
389 (ii) the Department of Heritage and Arts;
390 (iii) the Department of Corrections;
391 (iv) the Department of Environmental Quality;
392 (v) the Department of Public Safety;
393 (vi) the Department of Transportation;
394 (vii) the Office of the Attorney General;
395 (viii) the State Tax Commission; and
396 (ix) any agency described in Subsections (2)(c) through (e).
397 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
398 participate in a meeting described in Subsection (1).
399 (4) (a) A participant under this section who is not a legislator may not receive
400 compensation or benefits for the participant's service, but may receive per diem and travel
401 expenses as allowed in:
402 (i) Section 63A-3-106;
403 (ii) Section 63A-3-107; and
404 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
405 63A-3-107.
406 (b) Compensation and expenses of a participant who is a legislator are governed by
407 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
408 Section 3. Section 9-22-103 is amended to read:
409 9-22-103. STEM Action Center Board creation -- Membership.
410 (1) There is created the STEM Action Center Board, composed of the following
411 members:
412 (a) six private sector members who represent business, appointed by the governor;
413 (b) the state superintendent of public instruction or the state superintendent's designee;
414 (c) the commissioner of higher education or the commissioner's designee;
415 (d) one member appointed by the governor;
416 (e) a member of the State Board of Education, chosen by the chair of the State Board of
417 Education;
418 (f) the executive director of the department or the executive director's designee;
419 [
420
421 [
422 executive director's designee; and
423 [
424 government military installation, appointed by the governor.
425 (2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
426 represent a business or trade association whose primary focus is science, technology, or
427 engineering.
428 (b) Except as required by Subsection (2)(c), members appointed by the governor shall
429 be appointed to four-year terms.
430 (c) The length of terms of the members shall be staggered so that approximately half of
431 the committee is appointed every two years.
432 (d) The members may not serve more than two full consecutive terms except where the
433 governor determines that an additional term is in the best interest of the state.
434 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
435 appointed for the unexpired term.
436 (3) Attendance of a simple majority of the members constitutes a quorum for the
437 transaction of official committee business.
438 (4) Formal action by the STEM board requires a majority vote of a quorum.
439 (5) A member may not receive compensation or benefits for the member's service, but
440 may receive per diem and travel expenses in accordance with:
441 (a) Section 63A-3-106;
442 (b) Section 63A-3-107; and
443 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
444 (6) The governor shall select the chair of the STEM board to serve a two-year term.
445 (7) The executive director of the department or the executive director's designee shall
446 serve as the vice chair of the STEM board.
447 Section 4. Section 9-22-104 is amended to read:
448 9-22-104. STEM Action Center Board -- Duties.
449 (1) The STEM board shall:
450 (a) establish a STEM Action Center to:
451 (i) coordinate STEM activities in the state among the following stakeholders:
452 (A) the State Board of Education;
453 (B) school districts and charter schools;
454 (C) the [
455 (D) institutions of higher education;
456 (E) parents of home-schooled students;
457 (F) other state agencies; and
458 (G) business and industry representatives;
459 (ii) align public education STEM activities with higher education STEM activities; and
460 (iii) create and coordinate best practices among public education and higher education;
461 (b) with the consent of the Senate, appoint a director to oversee the administration of
462 the STEM Action Center;
463 (c) select a physical location for the STEM Action Center;
464 (d) strategically engage industry and business entities to cooperate with the STEM
465 board:
466 (i) to support high quality professional development and provide other assistance for
467 educators and students; and
468 (ii) to provide private funding and support for the STEM Action Center;
469 (e) give direction to the STEM Action Center and the providers selected through a
470 request for proposals process pursuant to this part; and
471 (f) work to meet the following expectations:
472 (i) that at least 50 educators are implementing best practice learning tools in
473 classrooms;
474 (ii) performance change in student achievement in each classroom participating in a
475 STEM Action Center project; and
476 (iii) that students from at least 50 schools in the state participate in the STEM
477 competitions, fairs, and camps described in Subsection 9-22-106(2)(d).
478 (2) The STEM board may:
479 (a) enter into contracts for the purposes of this part;
480 (b) apply for, receive, and disburse funds, contributions, or grants from any source for
481 the purposes set forth in this part;
482 (c) employ, compensate, and prescribe the duties and powers of individuals necessary
483 to execute the duties and powers of the STEM board;
484 (d) prescribe the duties and powers of the STEM Action Center providers; and
485 (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
486 make rules to administer this part.
487 (3) The STEM board may establish a foundation to assist in:
488 (a) the development and implementation of the programs authorized under this part to
489 promote STEM education; and
490 (b) implementation of other STEM education objectives described in this part.
491 (4) A foundation established by the STEM board under Subsection (3):
492 (a) may solicit and receive contributions from a private organization for STEM
493 education objectives described in this part;
494 (b) shall comply with the requirements described in Section 9-22-105;
495 (c) does not have power or authority to incur contractual obligations or liabilities that
496 constitute a claim against public funds;
497 (d) may not exercise executive or administrative authority over the programs or other
498 activities described in this part, except to the extent specifically authorized by the STEM board;
499 (e) shall provide the STEM board with information detailing transactions and balances
500 associated with the foundation; and
501 (f) may not:
502 (i) engage in lobbying activities;
503 (ii) attempt to influence legislation; or
504 (iii) participate in any campaign activity for or against:
505 (A) a political candidate; or
506 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
507 ballot proposition submitted to the voters.
508 Section 5. Section 9-22-106 is amended to read:
509 9-22-106. STEM Action Center.
510 (1) The STEM board shall:
511 (a) establish a STEM Action Center;
512 (b) ensure that the STEM Action Center:
513 (i) is accessible to the public; and
514 (ii) includes the components described in Subsection (2);
515 (c) work cooperatively with the State Board of Education to:
516 (i) further STEM education; and
517 (ii) ensure best practices are implemented as described in Sections 9-22-107 and
518 9-22-108;
519 (d) engage private entities to provide financial support or employee time for STEM
520 activities in schools in addition to what is currently provided by private entities; and
521 (e) work cooperatively with stakeholders to support and promote activities that align
522 STEM education and training activities with the employment needs of business and industry in
523 the state.
524 (2) As funding allows, the director of the STEM Action Center shall:
525 (a) support high quality professional development for educators regarding STEM
526 education;
527 (b) ensure that the STEM Action Center acts as a research and development center for
528 STEM education through a request for proposals process described in Section 9-22-107;
529 (c) review and acquire STEM education related materials and products for:
530 (i) high quality professional development;
531 (ii) assessment, data collection, analysis, and reporting; and
532 (iii) public school instruction;
533 (d) facilitate participation in interscholastic STEM related competitions, fairs, camps,
534 and STEM education activities;
535 (e) engage private industry in the development and maintenance of the STEM Action
536 Center and STEM Action Center projects;
537 (f) use resources to bring the latest STEM education learning tools into public
538 education classrooms;
539 (g) identify at least 10 best practice innovations used in Utah that have resulted in a
540 measurable improvement in student performance or outcomes in STEM areas;
541 (h) identify best practices being used outside the state and, as appropriate, develop and
542 implement selected practices through a pilot program;
543 (i) identify:
544 (i) learning tools for kindergarten through grade 6 identified as best practices; and
545 (ii) learning tools for grades 7 through 12 identified as best practices;
546 (j) collect data on Utah best practices, including best practices from public education,
547 higher education, the Utah Education and Telehealth Network, and other STEM related
548 entities;
549 (k) keep track of the following items related to best practices described in Subsection
550 (2)(j):
551 (i) how the best practices data are being used; and
552 (ii) how many individuals are using the data, including the demographics of the users,
553 if available;
554 (l) as appropriate, join and participate in a national STEM network;
555 (m) work cooperatively with the State Board of Education to designate schools as
556 STEM schools, where the schools have agreed to adopt a plan of STEM implementation in
557 alignment with criteria set by the State Board of Education and the board;
558 (n) support best methods of high quality professional development for STEM
559 education in kindergarten through grade 12, including methods of high quality professional
560 development that reduce cost and increase effectiveness, to help educators learn how to most
561 effectively implement best practice learning tools in classrooms;
562 (o) recognize achievement in the STEM competitions, fairs, and camps described in
563 Subsection (2)(d);
564 (p) send student results from STEM competitions, fairs, and camps described in
565 Subsection (2)(d) to media and ask the media to report on them;
566 (q) develop and distribute STEM information to parents of students in the state ;
567 (r) support targeted high quality professional development for improved instruction in
568 STEM education, including:
569 (i) improved instructional materials that are dynamic and engaging for students;
570 (ii) use of applied instruction; and
571 (iii) introduction of other research-based methods that support student achievement in
572 STEM areas; and
573 (s) ensure that an online college readiness assessment tool be accessible by:
574 (i) public education students; and
575 (ii) higher education students.
576 (3) The STEM board may prescribe other duties for the STEM Action Center in
577 addition to the responsibilities described in this section.
578 (4) (a) The director shall work with an independent evaluator to track and compare the
579 student performance of students participating in a STEM Action Center program to all other
580 similarly situated students in the state, if appropriate, in the following activities:
581 (i) public education high school graduation rates;
582 (ii) the number of students taking a remedial mathematics course at an institution of
583 higher education described in Section 53B-2-101;
584 (iii) the number of students who graduate from a Utah public school and begin a
585 postsecondary education program; and
586 (iv) the number of students, as compared to all similarly situated students, who are
587 performing at grade level in STEM classes.
588 (b) The State Board of Education and the [
589 Higher Education shall provide information to the STEM board to assist the STEM board in
590 complying with the requirements of Subsection (4)(a) if allowed under federal law.
591 Section 6. Section 11-17-17 is amended to read:
592 11-17-17. State universities granted same powers as municipalities and counties --
593 Authority to issue bonds.
594 (1) The [
595 the University of Utah and Utah State University exercise all powers granted to municipalities
596 and counties pursuant to this chapter, except as provided in Subsection (2).
597 (2) The [
598 $10,000,000 in any one fiscal year under this chapter on behalf of either institution as the
599 borrower without prior approval from the Legislature.
600 (3) Refunding bonds are exempt from the requirements of Subsection (2) if:
601 (a) the bonds are issued to reduce debt service costs; and
602 (b) the refunding bonds mature during the same time frame as the original obligation.
603 Section 7. Section 11-27-2 is amended to read:
604 11-27-2. Definitions.
605 As used in this chapter:
606 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
607 refunding outstanding bonds in advance of their maturity.
608 (2) "Assessments" means a special tax levied against property within a special
609 improvement district to pay all or a portion of the costs of making improvements in the district.
610 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
611 special improvement bond, local building authority bond, or refunding bond.
612 (4) "General obligation bond" means any bond, note, warrant, certificate of
613 indebtedness, or other obligation of a public body payable in whole or in part from revenues
614 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
615 applicable constitutional or statutory debt limitation.
616 (5) "Governing body" means the council, commission, county legislative body, board
617 of directors, board of trustees, board of education, [
618 or other legislative body of a public body designated in this chapter that is vested with the
619 legislative powers of the public body, and, with respect to the state, the State Bonding
620 Commission created by Section 63B-1-201.
621 (6) "Government obligations" means:
622 (a) direct obligations of the United States of America, or other securities, the principal
623 of and interest on which are unconditionally guaranteed by the United States of America; or
624 (b) obligations of any state, territory, or possession of the United States, or of any of
625 the political subdivisions of any state, territory, or possession of the United States, or of the
626 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
627 (7) "Issuer" means the public body issuing any bond or bonds.
628 (8) "Public body" means the state or any agency, authority, instrumentality, or
629 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
630 agency, school district, local district, special service district, or other governmental entity now
631 or hereafter existing under the laws of the state.
632 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
633 purpose of refunding outstanding bonds.
634 (10) "Resolution" means a resolution of the governing body of a public body taking
635 formal action under this chapter.
636 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
637 other obligation for the payment of money issued by a public body or any predecessor of any
638 public body and that is payable from designated revenues not derived from ad valorem taxes or
639 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
640 of the following:
641 (a) any obligation constituting an indebtedness within the meaning of any applicable
642 constitutional or statutory debt limitation;
643 (b) any obligation issued in anticipation of the collection of taxes, where the entire
644 issue matures not later than one year from the date of the issue; and
645 (c) any special improvement bond.
646 (12) "Special improvement bond" means any bond, note, warrant, certificate of
647 indebtedness, or other obligation of a public body or any predecessor of any public body that is
648 payable from assessments levied on benefitted property and from any special improvement
649 guaranty fund.
650 (13) "Special improvement guaranty fund" means any special improvement guaranty
651 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
652 Title 11, Chapter 42, Assessment Area Act; or any predecessor or similar statute.
653 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
654 or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local
655 Government Entities - Community Reinvestment Agency Act.
656 Section 8. Section 11-59-302 is amended to read:
657 11-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.
658 (1) The board shall consist of 11 members as provided in Subsection (2).
659 (2) (a) The president of the Senate shall appoint two members of the Senate to serve as
660 members of the board.
661 (b) The speaker of the House of Representatives shall appoint two members of the
662 House of Representatives to serve as members of the board.
663 (c) The governor shall appoint four individuals to serve as members of the board:
664 (i) one of whom shall be a member of the board of or employed by the Governor's
665 Office of Economic Development, created in Section 63N-1-201; and
666 (ii) one of whom shall be an employee of the Division of Facilities Construction and
667 Management, created in Section 63A-5-201.
668 (d) The Salt Lake County mayor shall appoint one board member, who shall be an
669 elected Salt Lake County government official.
670 (e) The mayor of Draper, or a member of the Draper city council that the mayor
671 designates, shall serve as a board member.
672 (f) The commissioner of higher education, appointed under Section [
673 53B-1-408, or the commissioner's designee, shall serve as a board member.
674 (3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
675 same manner under this section as the appointment of the member whose vacancy is being
676 filled.
677 (ii) If the mayor of Draper or commissioner of higher education is removed as a board
678 member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
679 case may be, shall designate an individual to serve as a member of the board, as provided in
680 Subsection (2)(e) or (f), respectively.
681 (b) Each person appointed or designated to fill a vacancy shall serve the remaining
682 unexpired term of the member whose vacancy the person is filling.
683 (4) A member of the board appointed by the governor, president of the Senate, or
684 speaker of the House of Representatives serves at the pleasure of and may be removed and
685 replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
686 of the House of Representatives, respectively.
687 (5) A member of the board may be removed by a vote of two-thirds of all members of
688 the board.
689 (6) (a) The governor shall appoint one board member to serve as cochair of the board.
690 (b) The president of the Senate and speaker of the House of Representatives shall
691 jointly appoint one legislative member of the board to serve as cochair of the board.
692 Section 9. Section 13-34a-104 is amended to read:
693 13-34a-104. Authority to execute interstate reciprocity agreement -- Rulemaking.
694 (1) The division may execute an interstate reciprocity agreement that:
695 (a) is for purposes of state authorization under 34 C.F.R. Sec. 600.9; and
696 (b) is for the benefit of:
697 (i) postsecondary schools in the state; or
698 (ii) (A) postsecondary schools in the state; and
699 (B) institutions that are part of the state system of higher education under Section
700 53B-1-102.
701 (2) If the division executes an interstate reciprocity agreement described in Subsection
702 (1) or the [
703 reciprocity agreement under Section 53B-16-109:
704 (a) except as provided by division rule, this chapter does not apply to a postsecondary
705 school that obtains state authorization under the reciprocity agreement; and
706 (b) the division may, in accordance with Title 63G, Chapter 3, Utah Administrative
707 Rulemaking Act, make rules relating to:
708 (i) the standards for granting a postsecondary school state authorization under a
709 reciprocity agreement;
710 (ii) any filing, document, or fee required for a postsecondary school to obtain
711 authorization under a reciprocity agreement; and
712 (iii) penalties if a postsecondary school fails to comply with the rules that the division
713 makes under this Subsection (2).
714 (3) If the division executes an interstate reciprocity agreement described in Subsection
715 (1) that includes institutions that are part of the state system of higher education under Section
716 53B-1-102, the [
717 (a) implement the reciprocity agreement; and
718 (b) relate to institutions that are part of the state system of higher education under
719 Section 53B-1-102.
720 Section 10. Section 19-3-320 is amended to read:
721 19-3-320. Efforts to prevent siting of any nuclear waste facility to include
722 economic development study regarding Native American reservation lands within the
723 state.
724 (1) It is the intent of the Legislature that the department, in its efforts to prevent the
725 siting of a nuclear waste facility within the exterior borders of the state, include in its work the
726 study under Subsection (2) and the report under Subsection (3).
727 (2) It is the intent of the Legislature that the Department of Environmental Quality, in
728 coordination with the office of the governor, and in cooperation with the Departments of
729 Heritage and Arts, Human Services, Health, Workforce Services, Agriculture and Food,
730 Natural Resources, and Transportation, the State Board of Education, and the [
731
732 (a) study the needs and requirements for economic development on the Native
733 American reservations within the state; and
734 (b) prepare, on or before November 30, 2001, a long-term strategic plan for economic
735 development on the reservations.
736 (3) It is the intent of the Legislature that this plan, prepared under Subsection (2)(b),
737 shall be distributed to the governor and the members of the Legislature on or before December
738 31, 2001.
739 Section 11. Section 20A-11-1202 is amended to read:
740 20A-11-1202. Definitions.
741 As used in this part:
742 (1) "Applicable election officer" means:
743 (a) a county clerk, if the email relates only to a local election; or
744 (b) the lieutenant governor, if the email relates to an election other than a local
745 election.
746 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
747 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
748 the voters for their approval or rejection.
749 (3) "Campaign contribution" means any of the following when done for a political
750 purpose or to advocate for or against a ballot proposition:
751 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
752 given to a filing entity;
753 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
754 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
755 of value to a filing entity;
756 (c) any transfer of funds from another reporting entity to a filing entity;
757 (d) compensation paid by any person or reporting entity other than the filing entity for
758 personal services provided without charge to the filing entity;
759 (e) remuneration from:
760 (i) any organization or the organization's directly affiliated organization that has a
761 registered lobbyist; or
762 (ii) any agency or subdivision of the state, including a school district; or
763 (f) an in-kind contribution.
764 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
765 agency that receives its revenues from conduct of its commercial operations.
766 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
767 cooperation agency that receives some or all of its revenues from:
768 (i) government appropriations;
769 (ii) taxes;
770 (iii) government fees imposed for regulatory or revenue raising purposes; or
771 (iv) interest earned on public funds or other returns on investment of public funds.
772 (5) "Expenditure" means:
773 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
774 or anything of value;
775 (b) an express, legally enforceable contract, promise, or agreement to make any
776 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
777 value;
778 (c) a transfer of funds between a public entity and a candidate's personal campaign
779 committee;
780 (d) a transfer of funds between a public entity and a political issues committee; or
781 (e) goods or services provided to or for the benefit of a candidate, a candidate's
782 personal campaign committee, or a political issues committee for political purposes at less than
783 fair market value.
784 (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
785 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
786 agency that receives some or all of its revenues from:
787 (a) government appropriations;
788 (b) taxes;
789 (c) government fees imposed for regulatory or revenue raising purposes; or
790 (d) interest earned on public funds or other returns on investment of public funds.
791 (8) "Influence" means to campaign or advocate for or against a ballot proposition.
792 (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
793 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
794 (10) "Local district" means an entity under Title 17B, Limited Purpose Local
795 Government Entities - Local Districts, and includes a special service district under Title 17D,
796 Chapter 1, Special Service District Act.
797 (11) "Political purposes" means an act done with the intent or in a way to influence or
798 intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
799 against any:
800 (a) candidate for public office at any caucus, political convention, primary, or election;
801 or
802 (b) judge standing for retention at any election.
803 (12) "Proposed initiative" means an initiative proposed in an application filed under
804 Section 20A-7-202 or 20A-7-502.
805 (13) "Proposed referendum" means a referendum proposed in an application filed
806 under Section 20A-7-302 or 20A-7-602.
807 (14) (a) "Public entity" includes the state, each state agency, each county, municipality,
808 school district, local district, governmental interlocal cooperation agency, and each
809 administrative subunit of each of them.
810 (b) "Public entity" does not include a commercial interlocal cooperation agency.
811 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
812 Department of Health Organization.
813 (15) (a) "Public funds" means any money received by a public entity from
814 appropriations, taxes, fees, interest, or other returns on investment.
815 (b) "Public funds" does not include money donated to a public entity by a person or
816 entity.
817 (16) (a) "Public official" means an elected or appointed member of government with
818 authority to make or determine public policy.
819 (b) "Public official" includes the person or group that:
820 (i) has supervisory authority over the personnel and affairs of a public entity; and
821 (ii) approves the expenditure of funds for the public entity.
822 (17) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
823 (18) (a) "State agency" means each department, commission, board, council, agency,
824 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
825 unit, bureau, panel, or other administrative unit of the state.
826 (b) "State agency" includes the legislative branch, the [
827
828 each institution of higher education board of trustees, and each higher education institution.
829 Section 12. Section 35A-1-206 is amended to read:
830 35A-1-206. State Workforce Development Board -- Appointment -- Membership
831 -- Terms of members -- Compensation.
832 (1) There is created within the department the State Workforce Development Board in
833 accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C.
834 Sec. 3101 et seq.
835 (2) The board shall consist of the following [
836 (a) the governor or the governor's designee;
837 (b) one member of the Senate, appointed by the president of the Senate;
838 (c) one representative of the House of Representatives, appointed by the speaker of the
839 House of Representatives;
840 (d) the executive director or the executive director's designee;
841 (e) the executive director of the Department of Human Services or the executive
842 director's designee;
843 (f) the director of the Utah State Office of Rehabilitation or the director's designee;
844 (g) the state superintendent of public instruction or the superintendent's designee;
845 (h) the commissioner of higher education or the commissioner's designee;
846 [
847
848 [
849 the executive director's designee;
850 [
851 the executive director's designee; and
852 [
853 (i) 20 representatives of business in the state, selected among the following:
854 (A) owners of businesses, chief executive or operating officers of businesses, or other
855 business executives or employers with policymaking or hiring authority;
856 (B) representatives of businesses, including small businesses, that provide employment
857 opportunities that include high-quality, work-relevant training and development in in-demand
858 industry sectors or occupations in the state; and
859 (C) representatives of businesses appointed from among individuals nominated by state
860 business organizations or business trade associations;
861 (ii) six representatives of the workforce within the state, which:
862 (A) shall include at least two representatives of labor organizations who have been
863 nominated by state labor federations;
864 (B) shall include at least one representative from a registered apprentice program;
865 (C) may include one or more representatives from a community-based organization
866 that has demonstrated experience and expertise in addressing the employment, training, or
867 educational needs of individuals with barriers to employment; and
868 (D) may include one or more representatives from an organization that has
869 demonstrated experience and expertise in addressing the employment, training, or education
870 needs of eligible youth, including organizations that serve out of school youth; and
871 (iii) two elected officials that represent a city or a county.
872 (3) (a) The governor shall appoint one of the appointed business representatives as
873 chair of the board.
874 (b) The chair shall serve at the pleasure of the governor.
875 (4) (a) The governor shall ensure that members appointed to the board represent
876 diverse geographic areas of the state, including urban, suburban, and rural areas.
877 (b) A member appointed by the governor shall serve a term of four years and may be
878 reappointed to one additional term.
879 (c) A member shall continue to serve until the member's successor has been appointed
880 and qualified.
881 (d) Except as provided in Subsection (4)(e), as terms of board members expire, the
882 governor shall appoint each new member or reappointed member to a four-year term.
883 (e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
884 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
885 board members are staggered so that approximately one half of the board is appointed every
886 two years.
887 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
888 appointed for the unexpired term.
889 (g) The executive director shall terminate the term of any governor-appointed member
890 of the board if the member leaves the position that qualified the member for the appointment.
891 (5) A majority of members constitutes a quorum for the transaction of business.
892 (6) (a) A member of the board who is not a legislator may not receive compensation or
893 benefits for the member's service, but may receive per diem and travel expenses as allowed in:
894 (i) Section 63A-3-106;
895 (ii) Section 63A-3-107; and
896 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
897 63A-3-107.
898 (b) Compensation and expenses of a member who is a legislator are governed by
899 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
900 (7) The department shall provide staff and administrative support to the board at the
901 direction of the executive director.
902 (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.
903 3111, including:
904 (a) identifying opportunities to align initiatives in education, training, workforce
905 development, and economic development;
906 (b) developing and implementing the state workforce services plan described in
907 Section 35A-1-207;
908 (c) utilizing strategic partners to ensure the needs of industry are met, including the
909 development of expanded strategies for partnerships for in-demand occupations and
910 understanding and adapting to economic changes;
911 (d) developing strategies for staff training;
912 (e) developing and improving employment centers; and
913 (f) performing other responsibilities within the scope of workforce services as
914 requested by:
915 (i) the Legislature;
916 (ii) the governor; or
917 (iii) the executive director.
918 Section 13. Section 35A-5-103 is amended to read:
919 35A-5-103. Roles of service providers.
920 (1) Delivery of job training related services not administered by the department under
921 this chapter shall be provided in accordance with Subsections (2) and (3).
922 (2) The State Board of Education and the [
923 Education shall provide for basic education, remedial education, and applied technology
924 training.
925 (3) The Office of Rehabilitation shall provide those services authorized under the
926 Rehabilitation Act of 1973, as amended.
927 Section 14. Section 35A-6-105 is amended to read:
928 35A-6-105. Commissioner of Apprenticeship Programs.
929 (1) There is created the position of Commissioner of Apprenticeship Programs within
930 the department.
931 (2) The commissioner shall be appointed by the executive director and chosen from
932 one or more recommendations provided by a majority vote of the State Workforce
933 Development Board.
934 (3) The commissioner may be terminated without cause by the executive director.
935 (4) The commissioner shall:
936 (a) promote and educate the public, including high school guidance counselors and
937 potential participants in apprenticeship programs, about apprenticeship programs offered in the
938 state, including apprenticeship programs offered by private sector businesses, trade groups,
939 labor unions, partnerships with educational institutions, and other associations in the state;
940 (b) coordinate with the department and other stakeholders, including [
941
942 Apprenticeship, the State Board of Education, the Utah [
943 of higher education, the Department of Commerce, the Division of Occupational and
944 Professional Licensing, and the Governor's Office of Economic Development to improve and
945 promote apprenticeship opportunities in the state; and
946 (c) provide an annual written report to:
947 (i) the department for inclusion in the department's annual written report described in
948 Section 35A-1-109;
949 (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
950 and
951 (iii) the Higher Education Appropriations Subcommittee.
952 (5) The annual written report described in Subsection (4)(c) shall provide information
953 concerning:
954 (a) the number of available apprenticeship programs in the state;
955 (b) the number of apprentices participating in each program;
956 (c) the completion rate of each program;
957 (d) the cost of state funding for each program; and
958 (e) recommendations for improving apprenticeship programs.
959 Section 15. Section 35A-8-2103 is amended to read:
960 35A-8-2103. Private Activity Bond Review Board.
961 (1) There is created within the department the Private Activity Bond Review Board,
962 composed of the following 11 members:
963 (a) (i) the executive director of the department or the executive director's designee;
964 (ii) the executive director of the Governor's Office of Economic Development or the
965 executive director's designee;
966 (iii) the state treasurer or the state treasurer's designee;
967 (iv) the chair of the [
968 designee; and
969 (v) the chair of the Utah Housing Corporation or the chair's designee; and
970 (b) six local government members who are:
971 (i) three elected or appointed county officials, nominated by the Utah Association of
972 Counties and appointed by the governor with the consent of the Senate; and
973 (ii) three elected or appointed municipal officials, nominated by the Utah League of
974 Cities and Towns and appointed by the governor with the consent of the Senate.
975 (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
976 government members of the board of review shall be four-year terms.
977 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
978 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
979 board of review members are staggered so that approximately half of the board of review is
980 appointed every two years.
981 (c) Members may be reappointed only once.
982 (3) (a) If a local government member ceases to be an elected or appointed official of
983 the city or county the member is appointed to represent, that membership on the board of
984 review terminates immediately and there shall be a vacancy in the membership.
985 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
986 appointed within 30 days in the manner of the regular appointment for the unexpired term.
987 (4) (a) The chair of the board of review is the executive director of the department or
988 the executive director's designee.
989 (b) The chair is nonvoting except in the case of a tie vote.
990 (5) Six members of the board of review constitute a quorum.
991 (6) Formal action by the board of review requires a majority vote of a quorum.
992 (7) A member may not receive compensation or benefits for the member's service, but
993 may receive per diem and travel expenses in accordance with:
994 (a) Section 63A-3-106;
995 (b) Section 63A-3-107; and
996 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
997 (8) The chair of the board of review serves as the state official designated under state
998 law to make certifications required to be made under Section 146 of the code including the
999 certification required by Section 149(e)(2)(F) of the code.
1000 Section 16. Section 35A-13-603 is amended to read:
1001 35A-13-603. Board.
1002 (1) There is created to assist the director of the office the Interpreter Certification
1003 Board consisting of the following 11 members:
1004 (a) a designee of the assistant director;
1005 (b) a designee of the [
1006 (c) a designee of the State Board of Education;
1007 (d) four professional interpreters, recommended by the assistant director; and
1008 (e) four individuals who are deaf or hard of hearing, recommended by the assistant
1009 director.
1010 (2) (a) The director shall make all appointments to the board.
1011 (b) In making appointments under Subsections (1)(d) and (e), the director shall give
1012 consideration to recommendations by certified interpreters and members of the deaf and hard
1013 of hearing community.
1014 (3) (a) Board members shall serve three-year terms, except that for the initial terms of
1015 board members, three shall serve one-year terms, four shall serve two-year terms, and four shall
1016 serve three-year terms.
1017 (b) An individual may not serve more than two three-year consecutive terms.
1018 (c) If a vacancy occurs on the board for a reason other than the expiration of a term, the
1019 director shall appoint a replacement for the remainder of the term in accordance with
1020 Subsections (1) and (2).
1021 (4) The director may remove a board member for cause, which may include
1022 misconduct, incompetence, or neglect of duty.
1023 (5) The board shall annually elect a chair and vice chair from among its members.
1024 (6) The board shall meet as often as necessary to accomplish the purposes of this part,
1025 but not less than quarterly.
1026 (7) A member of the board may not receive compensation or benefits for the member's
1027 service, but may receive travel expenses in accordance with:
1028 (a) Section 63A-3-107; and
1029 (b) rules made by the Division of Finance in accordance with Section 63A-3-107.
1030 Section 17. Section 35A-14-102 is amended to read:
1031 35A-14-102. Definitions.
1032 As used in this chapter:
1033 (1) "Advisory board" means the Utah Data Research Advisory Board created in Section
1034 35A-14-203.
1035 (2) "Center" means the Utah Data Research Center.
1036 (3) "Data" means any information about a person stored in a physical or electronic
1037 record.
1038 (4) "Data research program" means the data maintained by the center in accordance
1039 with Section 35A-14-301.
1040 (5) "De-identified data" means data about a person that cannot, without additional
1041 information, identify the person to another person or machine.
1042 (6) "Director" means the director of the Workforce Research and Analysis Division.
1043 (7) "Participating entity" means:
1044 (a) the State Board of Education, which includes the director as defined in Section
1045 53E-10-701;
1046 [
1047 [
1048 (b) the Utah Board of Higher Education;
1049 [
1050 [
1051 Section 18. Section 35A-14-203 is amended to read:
1052 35A-14-203. Utah Data Research Advisory Board -- Composition -- Appointment.
1053 (1) There is created the Utah Data Research Advisory Board in accordance with this
1054 section.
1055 (2) The Utah Data Research Advisory Board is composed of the following members:
1056 (a) the state superintendent of the State Board of Education or the state superintendent's
1057 designee;
1058 (b) the commissioner of higher education or the commissioner of higher education's
1059 designee;
1060 [
1061 [
1062 executive director's designee; and
1063 [
1064 (3) The executive director shall serve as chair.
1065 (4) A member of the board:
1066 (a) except to the extent a member's service on the board is related to the member's
1067 duties outside of the board, may not receive compensation or benefits for the member's service;
1068 and
1069 (b) may receive per diem and travel expenses in accordance with:
1070 (i) Section 63A-3-106;
1071 (ii) Section 63A-3-107; and
1072 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1073 Section 19. Section 35A-14-302 is amended to read:
1074 35A-14-302. Center duties -- Data studies.
1075 (1) The center shall use data that the center maintains or that a participating entity
1076 contributes to the data research program under Section 35A-14-301 to conduct research for the
1077 purpose of developing public policy for the state.
1078 (2) The director, with consultation by the advisory board, shall create a prioritized list
1079 of data research for the center to conduct using the data research program each year.
1080 (3) (a) In developing the list described in Subsection (2), the center shall accept data
1081 research requests from:
1082 (i) a legislative committee or a legislative staff office;
1083 (ii) the governor or an executive branch agency;
1084 (iii) the State Board of Education; and
1085 [
1086 [
1087 (iv) the Utah Board of Higher Education.
1088 (b) The department shall begin accepting the data research requests described in
1089 Subsection (3)(a) on July 1, 2017.
1090 (c) The center shall report the list described in Subsection (2) to the Education Interim
1091 Committee before December 1 of each year.
1092 (4) In addition to conducting data research in accordance with the prioritized list
1093 described in Subsection (2), the center may use additional resources to prepare data research at
1094 the request of:
1095 (a) a state government entity;
1096 (b) a political subdivision of the state;
1097 (c) a private entity; or
1098 (d) a member of the public.
1099 (5) The director, with approval by the board, shall determine, for a data research
1100 request described in Subsection (4):
1101 (a) whether the center has the resources to complete the data research request;
1102 (b) the order in which the center shall complete the data research request, if at all; and
1103 (c) a reasonable estimated cost for the request.
1104 (6) The center, after evaluating a request under Subsection (5), shall:
1105 (a) provide the person that requested the data research with a cost estimate; and
1106 (b) require, before accepting a data research request, that the person that submitted the
1107 data research request agree to pay, once the data research is complete, the full cost of
1108 completing the data research request as determined by the center under Subsection (5).
1109 (7) The center shall make available to the public, on a website maintained by the
1110 center, any data research request that the center completes under this section.
1111 (8) The center shall ensure that any data contained in a completed data research request
1112 is de-identified.
1113 (9) The center shall:
1114 (a) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
1115 Administrative Rulemaking Act:
1116 (i) procedures for submitting a data research request under this section;
1117 (ii) criteria to determine how to prioritize data research requests; and
1118 (iii) minimum standards for information a person is required to include in a data
1119 research request; and
1120 (b) create a fee schedule in accordance with Section 63J-1-504 for completing a data
1121 research request.
1122 (10) In addition to submitting a data research request under Subsection (4), a
1123 participating entity, executive branch agency, or legislative staff office may request, and the
1124 center may release, a data set from the data research program if the data set is:
1125 (a) connected;
1126 (b) aggregated; and
1127 (c) de-identified.
1128 (11) (a) The center shall use any fee the center collects under this section to cover the
1129 center's costs to administer this chapter.
1130 (b) The center shall deposit any fee the center collects under this section not used to
1131 cover the center's costs into the General Fund.
1132 Section 20. Section 36-21-1 is amended to read:
1133 36-21-1. Definition -- Deadline for state governmental entities filing legislation --
1134 Waiver.
1135 (1) "Governmental entity" means:
1136 (a) the executive branch of the state, including all departments, institutions, boards,
1137 divisions, bureaus, offices, commissions, committees, and elected officials;
1138 (b) the judicial branch of the state, including the courts, the Judicial Council, the
1139 Administrative Office of the Courts, and similar administrative units in the judicial branch;
1140 (c) the State Board of Education, the [
1141 Education, and any state-funded institution of higher education or public education;
1142 (d) the National Guard;
1143 (e) all quasi independent entities created by statute; and
1144 (f) any political subdivision of the state, including any county, city, town, school
1145 district, public transit district, redevelopment agency, special improvement or taxing district.
1146 (2) Legislation requested by a governmental entity may not be considered by the
1147 Legislature during the annual general session unless:
1148 (a) at the time the request for legislation is made it has a legislative sponsor;
1149 (b) the request for legislation is filed with the Office of Legislative Research and
1150 General Counsel by December 1st of the year immediately before the Legislature's annual
1151 general session; and
1152 (c) at the time the request for legislation is filed, it includes the purpose of the measure
1153 and all necessary drafting information.
1154 (3) The Legislature, by motion and with the approval of a majority vote in one house,
1155 may waive this requirement.
1156 (4) It is the intent of the Legislature that these agency requests will not be given higher
1157 priority than individual legislative requests filed at a later date.
1158 Section 21. Section 36-28-102 is amended to read:
1159 36-28-102. Veterans and Military Affairs Commission -- Creation -- Membership
1160 -- Chairs -- Terms -- Per diem and expenses.
1161 (1) There is created the Veterans and Military Affairs Commission.
1162 (2) The commission membership is composed of 19 permanent members, but may not
1163 exceed 24 members, and is as follows:
1164 (a) five legislative members to be appointed as follows:
1165 (i) three members from the House of Representatives, appointed by the speaker of the
1166 House of Representatives, no more than two of whom may be from the same political party;
1167 and
1168 (ii) two members from the Senate, appointed by the president of the Senate, no more
1169 than one of whom may be from the same political party;
1170 (b) the executive director of the Department of Veterans and Military Affairs or the
1171 director's designee;
1172 (c) the chair of the Utah Veterans Advisory Council;
1173 (d) the executive director of the Department of Workforce Services or the director's
1174 designee;
1175 (e) the executive director of the Department of Health or the director's designee;
1176 (f) the executive director of the Department of Human Services or the director's
1177 designee;
1178 (g) the adjutant general of the Utah National Guard or the adjutant general's designee;
1179 (h) the Guard and Reserve Transition Assistance Advisor;
1180 (i) a member of the [
1181 member's designee;
1182 (j) three representatives of veteran service organizations recommended by the Veterans
1183 Advisory Council and confirmed by the commission;
1184 (k) one member of the Executive Committee of the Utah Defense Alliance;
1185 (l) one military affairs representative from a chamber of commerce member, appointed
1186 by the Utah State Chamber of Commerce; and
1187 (m) a representative from the Veterans Health Administration.
1188 (3) The commission may appoint by majority vote of the entire commission up to five
1189 pro tempore members, representing:
1190 (a) state or local government agencies;
1191 (b) interest groups concerned with veterans issues; or
1192 (c) the general public.
1193 (4) (a) The president of the Senate shall designate a member of the Senate appointed
1194 under Subsection (2)(a) as a cochair of the commission.
1195 (b) The speaker of the House of Representatives shall designate a member of the House
1196 of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
1197 (5) A majority of the members of the commission shall constitute a quorum. The
1198 action of a majority of a quorum constitutes the action of the commission.
1199 (6) The term for each pro tempore member appointed in accordance with Subsection
1200 (3) shall be two years from July 1 of the year of appointment. A pro tempore member may not
1201 serve more than three terms.
1202 (7) If a member leaves office or is unable to serve, the vacancy shall be filled as it was
1203 originally appointed. A person appointed to fill a vacancy under Subsection (6) serves the
1204 remaining unexpired term of the member being replaced. If the remaining unexpired term is
1205 less than six months, the newly appointed member shall be reappointed on July 1. The time
1206 served until July 1 is not counted in the restriction set forth in Subsection (6).
1207 (8) A member may not receive compensation or benefits for the member's service but
1208 may receive per diem and travel expenses in accordance with:
1209 (a) Section 63A-3-106;
1210 (b) Section 63A-3-107; and
1211 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1212 63A-3-107.
1213 Section 22. Section 41-6a-2002 is amended to read:
1214 41-6a-2002. Definitions.
1215 As used in this section:
1216 (1) "Automatic license plate reader system" means a system of one or more mobile or
1217 fixed automated high-speed cameras used in combination with computer algorithms to convert
1218 an image of a license plate into computer-readable data.
1219 (2) "Captured plate data" means the global positioning system coordinates, date and
1220 time, photograph, license plate number, and any other data captured by or derived from an
1221 automatic license plate reader system.
1222 (3) (a) "Governmental entity" means:
1223 (i) executive department agencies of the state;
1224 (ii) the offices of the governor, the lieutenant governor, the state auditor, the attorney
1225 general, and the state treasurer;
1226 (iii) the Board of Pardons and Parole;
1227 (iv) the Board of Examiners;
1228 (v) the National Guard;
1229 (vi) the Career Service Review Office;
1230 (vii) the State Board of Education;
1231 (viii) the [
1232 (ix) the State Archives;
1233 (x) the Office of the Legislative Auditor General;
1234 (xi) the Office of the Legislative Fiscal Analyst;
1235 (xii) the Office of Legislative Research and General Counsel;
1236 (xiii) the Legislature;
1237 (xiv) legislative committees, except any political party, group, caucus, or rules or
1238 sifting committee of the Legislature;
1239 (xv) courts, the Judicial Council, the Administrative Office of the Courts, and similar
1240 administrative units in the judicial branch;
1241 (xvi) any state-funded institution of higher education or public education; or
1242 (xvii) any political subdivision of the state.
1243 (b) "Governmental entity" includes:
1244 (i) every office, agency, board, bureau, committee, department, advisory board, or
1245 commission of an entity listed in Subsections (3)(a)(i) through (xvii) that is funded or
1246 established by the government to carry out the public's business; or
1247 (ii) a person acting as an agent of a governmental entity or acting on behalf of a
1248 governmental entity.
1249 (4) "Secured area" means an area, enclosed by clear boundaries, to which access is
1250 limited and not open to the public and entry is only obtainable through specific access-control
1251 points.
1252 Section 23. Section 49-11-102 is amended to read:
1253 49-11-102. Definitions.
1254 As used in this title:
1255 (1) (a) "Active member" means a member who:
1256 (i) is employed by a participating employer and accruing service credit; or
1257 (ii) within the previous 120 days:
1258 (A) has been employed by a participating employer; and
1259 (B) accrued service credit.
1260 (b) "Active member" does not include a retiree.
1261 (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
1262 basis of mortality tables as recommended by the actuary and adopted by the executive director,
1263 including regular interest.
1264 (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
1265 adopted by the board upon which the funding of system costs and benefits are computed.
1266 (4) (a) "Agency" means:
1267 (i) a department, division, agency, office, authority, commission, board, institution, or
1268 hospital of the state;
1269 (ii) a county, municipality, school district, local district, or special service district;
1270 (iii) a state college or university; or
1271 (iv) any other participating employer.
1272 (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
1273 subdivision of another entity listed under Subsection (4)(a).
1274 (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
1275 including any cost of living or other authorized adjustments to the pension and annuity.
1276 (6) "Alternate payee" means a member's former spouse or family member eligible to
1277 receive payments under a Domestic Relations Order in compliance with Section 49-11-612.
1278 (7) "Amortization rate" means the board certified percent of salary required to amortize
1279 the unfunded actuarial accrued liability in accordance with policies established by the board
1280 upon the advice of the actuary.
1281 (8) "Annuity" means monthly payments derived from member contributions.
1282 (9) "Appointive officer" means an employee appointed to a position for a definite and
1283 fixed term of office by official and duly recorded action of a participating employer whose
1284 appointed position is designated in the participating employer's charter, creation document, or
1285 similar document, and:
1286 (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in
1287 Section 49-12-407 for a Tier I appointive officer; and
1288 (b) whose appointive position is full-time as certified by the participating employer for
1289 a Tier II appointive officer.
1290 (10) (a) "At-will employee" means a person who is employed by a participating
1291 employer and:
1292 (i) who is not entitled to merit or civil service protection and is generally considered
1293 exempt from a participating employer's merit or career service personnel systems;
1294 (ii) whose on-going employment status is entirely at the discretion of the person's
1295 employer; or
1296 (iii) who may be terminated without cause by a designated supervisor, manager, or
1297 director.
1298 (b) "At-will employee" does not include a career employee who has obtained a
1299 reasonable expectation of continued employment based on inclusion in a participating
1300 employer's merit system, civil service protection system, or career service personnel systems,
1301 policies, or plans.
1302 (11) "Beneficiary" means any person entitled to receive a payment under this title
1303 through a relationship with or designated by a member, participant, covered individual, or
1304 alternate payee of a defined contribution plan.
1305 (12) "Board" means the Utah State Retirement Board established under Section
1306 49-11-202.
1307 (13) "Board member" means a person serving on the Utah State Retirement Board as
1308 established under Section 49-11-202.
1309 [
1310
1311 (14) "Board of Higher Education" or "Utah Board of Higher Education" means the
1312 Utah Board of Higher Education described in Section 53B-1-402.
1313 (15) "Certified contribution rate" means the board certified percent of salary paid on
1314 behalf of an active member to the office to maintain the system on a financially and actuarially
1315 sound basis.
1316 (16) "Contributions" means the total amount paid by the participating employer and the
1317 member into a system or to the Utah Governors' and Legislators' Retirement Plan under
1318 Chapter 19, Utah Governors' and Legislators' Retirement Act.
1319 (17) "Council member" means a person serving on the Membership Council
1320 established under Section 49-11-205.
1321 (18) "Covered individual" means any individual covered under Chapter 20, Public
1322 Employees' Benefit and Insurance Program Act.
1323 (19) "Current service" means covered service under:
1324 (a) Chapter 12, Public Employees' Contributory Retirement Act;
1325 (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
1326 (c) Chapter 14, Public Safety Contributory Retirement Act;
1327 (d) Chapter 15, Public Safety Noncontributory Retirement Act;
1328 (e) Chapter 16, Firefighters' Retirement Act;
1329 (f) Chapter 17, Judges' Contributory Retirement Act;
1330 (g) Chapter 18, Judges' Noncontributory Retirement Act;
1331 (h) Chapter 19, Utah Governors' and Legislators' Retirement Act;
1332 (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
1333 (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
1334 (20) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
1335 system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
1336 spouse after retirement that is based on a set formula involving one or more of the following
1337 factors:
1338 (a) years of service;
1339 (b) final average monthly salary; or
1340 (c) a retirement multiplier.
1341 (21) "Defined contribution" or "defined contribution plan" means any defined
1342 contribution plan or deferred compensation plan authorized under the Internal Revenue Code
1343 and administered by the board.
1344 (22) "Educational institution" means a political subdivision or instrumentality of the
1345 state or a combination thereof primarily engaged in educational activities or the administration
1346 or servicing of educational activities, including:
1347 (a) the State Board of Education and its instrumentalities;
1348 (b) any institution of higher education and its branches;
1349 (c) any school district and its instrumentalities;
1350 (d) any vocational and technical school; and
1351 (e) any entity arising out of a consolidation agreement between entities described under
1352 this Subsection (22).
1353 (23) "Elected official":
1354 (a) means a person elected to a state office, county office, municipal office, school
1355 board or school district office, local district office, or special service district office;
1356 (b) includes a person who is appointed to serve an unexpired term of office described
1357 under Subsection (23)(a); and
1358 (c) does not include a judge or justice who is subject to a retention election under
1359 Section 20A-12-201.
1360 (24) (a) "Employer" means any department, educational institution, or political
1361 subdivision of the state eligible to participate in a government-sponsored retirement system
1362 under federal law.
1363 (b) "Employer" may also include an agency financed in whole or in part by public
1364 funds.
1365 (25) "Exempt employee" means an employee working for a participating employer:
1366 (a) who is not eligible for service credit under Section 49-12-203, 49-13-203,
1367 49-14-203, 49-15-203, or 49-16-203; and
1368 (b) for whom a participating employer is not required to pay contributions or
1369 nonelective contributions.
1370 (26) "Final average monthly salary" means the amount computed by dividing the
1371 compensation received during the final average salary period under each system by the number
1372 of months in the final average salary period.
1373 (27) "Fund" means any fund created under this title for the purpose of paying benefits
1374 or costs of administering a system, plan, or program.
1375 (28) (a) "Inactive member" means a member who has not been employed by a
1376 participating employer for a period of at least 120 days.
1377 (b) "Inactive member" does not include retirees.
1378 (29) (a) "Initially entering" means hired, appointed, or elected for the first time, in
1379 current service as a member with any participating employer.
1380 (b) "Initially entering" does not include a person who has any prior service credit on
1381 file with the office.
1382 (c) "Initially entering" includes an employee of a participating employer, except for an
1383 employee that is not eligible under a system or plan under this title, who:
1384 (i) does not have any prior service credit on file with the office;
1385 (ii) is covered by a retirement plan other than a retirement plan created under this title;
1386 and
1387 (iii) moves to a position with a participating employer that is covered by this title.
1388 (30) "Institution of higher education" means an institution described in Section
1389 53B-1-102.
1390 (31) (a) "Member" means a person, except a retiree, with contributions on deposit with
1391 a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
1392 Governors' and Legislators' Retirement Act, or with a terminated system.
1393 (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
1394 of the Internal Revenue Code, if the employees have contributions on deposit with the office.
1395 If leased employees constitute less than 20% of the participating employer's work force that is
1396 not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
1397 "member" does not include leased employees covered by a plan described in Section 414(n)(5)
1398 of the federal Internal Revenue Code.
1399 (32) "Member contributions" means the sum of the contributions paid to a system or
1400 the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
1401 system, and which are made by:
1402 (a) the member; and
1403 (b) the participating employer on the member's behalf under Section 414(h) of the
1404 Internal Revenue Code.
1405 (33) "Nonelective contribution" means an amount contributed by a participating
1406 employer into a participant's defined contribution account.
1407 (34) "Normal cost rate":
1408 (a) means the percent of salary that is necessary for a retirement system that is fully
1409 funded to maintain its fully funded status; and
1410 (b) is determined by the actuary based on the assumed rate of return established by the
1411 board.
1412 (35) "Office" means the Utah State Retirement Office.
1413 (36) "Participant" means an individual with voluntary deferrals or nonelective
1414 contributions on deposit with the defined contribution plans administered under this title.
1415 (37) "Participating employer" means a participating employer, as defined by Chapter
1416 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
1417 Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
1418 Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
1419 Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'
1420 Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
1421 which is participating in a system or plan as of January 1, 2002.
1422 (38) "Part-time appointed board member" means a person:
1423 (a) who is appointed to serve as a member of a board, commission, council, committee,
1424 or panel of a participating employer; and
1425 (b) whose service as a part-time appointed board member does not qualify as a regular
1426 full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102.
1427 (39) "Pension" means monthly payments derived from participating employer
1428 contributions.
1429 (40) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
1430 Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
1431 II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
1432 the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
1433 Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
1434 Section 49-11-801.
1435 (41) (a) "Political subdivision" means any local government entity, including cities,
1436 towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
1437 separate and distinct from the state and only if its employees are not by virtue of their
1438 relationship to the entity employees of the state.
1439 (b) "Political subdivision" includes local districts, special service districts, or
1440 authorities created by the Legislature or by local governments, including the office.
1441 (c) "Political subdivision" does not include a project entity created under Title 11,
1442 Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
1443 (42) "Program" means the Public Employees' Insurance Program created under Chapter
1444 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
1445 Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
1446 Disability Act.
1447 (43) "Public funds" means those funds derived, either directly or indirectly, from public
1448 taxes or public revenue, dues or contributions paid or donated by the membership of the
1449 organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
1450 the governmental, educational, and social programs and systems of the state or its political
1451 subdivisions.
1452 (44) "Qualified defined contribution plan" means a defined contribution plan that
1453 meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
1454 (45) "Refund interest" means the amount accrued on member contributions at a rate
1455 adopted by the board.
1456 (46) "Retiree" means an individual who has qualified for an allowance under this title.
1457 (47) "Retirement" means the status of an individual who has become eligible, applies
1458 for, and is entitled to receive an allowance under this title.
1459 (48) "Retirement date" means the date selected by the member on which the member's
1460 retirement becomes effective with the office.
1461 (49) "Retirement related contribution":
1462 (a) means any employer payment to any type of retirement plan or program made on
1463 behalf of an employee; and
1464 (b) does not include Social Security payments or Social Security substitute payments
1465 made on behalf of an employee.
1466 (50) "Service credit" means:
1467 (a) the period during which an employee is employed and compensated by a
1468 participating employer and meets the eligibility requirements for membership in a system or the
1469 Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
1470 paid to the office; and
1471 (b) periods of time otherwise purchasable under this title.
1472 (51) "Surviving spouse" means:
1473 (a) the lawful spouse who has been married to a member for at least six months
1474 immediately before the death date of the member; or
1475 (b) a former lawful spouse of a member with a valid domestic relations order benefits
1476 on file with the office before the member's death date in accordance with Section 49-11-612.
1477 (52) "System" means the individual retirement systems created by Chapter 12, Public
1478 Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory
1479 Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public
1480 Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17,
1481 Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and
1482 Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the
1483 Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System,
1484 and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part
1485 3, Tier II Hybrid Retirement System.
1486 (53) "Technical college" means the same as that term is defined in Section
1487 53B-1-101.5.
1488 (54) "Tier I" means a system or plan under this title for which:
1489 (a) an employee is eligible to participate if the employee initially enters regular
1490 full-time employment before July 1, 2011; or
1491 (b) a governor or legislator who initially enters office before July 1, 2011.
1492 (55) (a) "Tier II" means a system or plan under this title provided in lieu of a Tier I
1493 system or plan for an employee, governor, legislator, or full-time elected official who does not
1494 have Tier I service credit in a system or plan under this title:
1495 (i) if the employee initially enters regular full-time employment on or after July 1,
1496 2011; or
1497 (ii) if the governor, legislator, or full-time elected official initially enters office on or
1498 after July 1, 2011.
1499 (b) "Tier II" includes:
1500 (i) the Tier II hybrid system established under:
1501 (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
1502 (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
1503 (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
1504 (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
1505 (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
1506 (56) "Unfunded actuarial accrued liability" or "UAAL":
1507 (a) is determined by the system's actuary; and
1508 (b) means the excess, if any, of the accrued liability of a retirement system over the
1509 actuarial value of its assets.
1510 (57) "Voluntary deferrals" means an amount contributed by a participant into that
1511 participant's defined contribution account.
1512 Section 24. Section 49-11-403 is amended to read:
1513 49-11-403. Purchase of public service credit not otherwise qualifying for benefit.
1514 (1) A member, a participating employer, or a member and a participating employer
1515 jointly may purchase service credit equal to the period of the member's employment in the
1516 following:
1517 (a) United States federal employment;
1518 (b) employment in a private school based in the United States, if the member received
1519 an employer paid retirement benefit for the employment;
1520 (c) public employment in another state or territory of the United States which qualifies
1521 the member for membership in the public plan or system covering the employment, but only if
1522 the member does not qualify for any retirement benefits based on the employment;
1523 (d) forfeited service credit in this state if the member does not qualify for an allowance
1524 based on the service credit;
1525 (e) full-time public service while on an approved leave of absence;
1526 (f) the period of time for which disability benefits were paid if:
1527 (i) the member was receiving:
1528 (A) long-term disability benefits;
1529 (B) short-term disability benefits; or
1530 (C) worker's compensation disability benefits; and
1531 (ii) the member's employer had not entered into a benefit protection contract under
1532 Section 49-11-404 during the period the member had a disability due to sickness or accident;
1533 (g) employment covered by a retirement plan offered by a public or private system,
1534 organization, or company designated by the [
1535 Education, if the member forfeits any retirement benefit from that retirement plan for the
1536 period of employment to be purchased under this Subsection (1)(g);
1537 (h) employment in a charter school located within the state if the member forfeits any
1538 retirement benefit under any other retirement system or plan for the period of employment to be
1539 purchased under this Subsection (1)(h); or
1540 (i) employment with a participating employer that is exempt from coverage under this
1541 title under a written request for exemption with the office, if the member forfeits any retirement
1542 benefit under any other retirement system or plan for the period of employment to be purchased
1543 under this Subsection (1)(i).
1544 (2) A member shall:
1545 (a) have at least four years of service credit before a purchase can be made under this
1546 section; and
1547 (b) forfeit service credit and any defined contribution balance based on employer
1548 contributions under any other retirement system or plan based on the period of employment for
1549 which service credit is being purchased.
1550 (3) (a) To purchase credit under this section, the member, a participating employer, or a
1551 member and a participating employer jointly shall make payment to the system under which the
1552 member is currently covered.
1553 (b) The amount of the payment shall be determined by the office based on a formula
1554 that is:
1555 (i) recommended by the actuary; and
1556 (ii) adopted by the board.
1557 (4) The purchase may be made through payroll deductions or through a lump sum
1558 deposit based upon the present value of future payments.
1559 (5) Total payment must be completed prior to the member's effective date of retirement
1560 or service credit will be prorated in accordance with the amount paid.
1561 (6) (a) For a purchase made before July 1, 2010, if any of the factors used to determine
1562 the cost of a service credit purchase change at or before the member's retirement date, the cost
1563 of the purchase shall be recalculated at the time of retirement.
1564 (b) For a purchase made before July 1, 2010, if the recalculated cost exceeds the
1565 amount paid for the purchase, the member, a participating employer, or a member and a
1566 participating employer jointly may:
1567 (i) pay the increased cost, plus interest, to receive the full amount of service credit; or
1568 (ii) not pay the increased cost and have the purchased service credit prorated.
1569 (c) For a purchase made on or after July 1, 2010:
1570 (i) the purchase shall be made in accordance with rules:
1571 (A) adopted by the board based on recommendations by the board's actuary; and
1572 (B) in effect at the time the purchase is completed; and
1573 (ii) the cost of the service credit purchase shall not be recalculated at the time of
1574 retirement.
1575 (7) If the recalculated cost under Subsection (6)(a) is less than the amount paid for the
1576 purchase, the office shall refund the excess payment to the member or participating employer
1577 who paid for the purchase.
1578 (8) (a) The board may adopt rules under which a member may make the necessary
1579 payments to the office for purchases under this title as permitted by federal law.
1580 (b) The office may reject any payments if the office determines the tax status of the
1581 system, plans, or programs would be jeopardized by allowing the payment.
1582 (9) An employee who elects to participate exclusively in the defined contribution plan
1583 under Chapter 22, Part 4, Tier II Defined Contribution Plan, or Chapter 23, Part 4, Tier II
1584 Defined Contribution Plan, may not purchase service credit for that period of employment.
1585 Section 25. Section 49-12-203 is amended to read:
1586 49-12-203. Exclusions from membership in system.
1587 (1) The following employees are not eligible for service credit in this system:
1588 (a) subject to the requirements of Subsection (2), an employee whose employment
1589 status is temporary in nature due to the nature or the type of work to be performed;
1590 (b) except as provided under Subsection (3)(a), an employee of an institution of higher
1591 education who participates in a retirement system with a public or private retirement system,
1592 organization, or company designated by the [
1593 Education, or the [
1594 trustees for an employee of each technical college, during any period in which required
1595 contributions based on compensation have been paid on behalf of the employee by the
1596 employer;
1597 (c) an employee serving as an exchange employee from outside the state;
1598 (d) an executive department head of the state, a member of the State Tax Commission,
1599 the Public Service Commission, and a member of a full-time or part-time board or commission
1600 who files a formal request for exemption;
1601 (e) an employee of the Department of Workforce Services who is covered under
1602 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
1603 (f) an employee who is employed on or after July 1, 2009, with an employer that has
1604 elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
1605 49-12-202(2)(c);
1606 (g) an employee who is employed on or after July 1, 2014, with an employer that has
1607 elected, prior to July 1, 2014, to be excluded from participation in this system under Subsection
1608 49-12-202(2)(d);
1609 (h) an employee who is employed with a withdrawing entity that has elected under
1610 Section 49-11-623, prior to January 1, 2017, to exclude:
1611 (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
1612 or
1613 (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
1614 or
1615 (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a
1616 withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
1617 exclude:
1618 (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
1619 or
1620 (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
1621 (2) If an employee whose status is temporary in nature due to the nature of type of
1622 work to be performed:
1623 (a) is employed for a term that exceeds six months and the employee otherwise
1624 qualifies for service credit in this system, the participating employer shall report and certify to
1625 the office that the employee is a regular full-time employee effective the beginning of the
1626 seventh month of employment; or
1627 (b) was previously terminated prior to being eligible for service credit in this system
1628 and is reemployed within three months of termination by the same participating employer, the
1629 participating employer shall report and certify that the member is a regular full-time employee
1630 when the total of the periods of employment equals six months and the employee otherwise
1631 qualifies for service credits in this system.
1632 (3) (a) Upon cessation of the participating employer contributions, an employee under
1633 Subsection (1)(b) is eligible for service credit in this system.
1634 (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
1635 credit earned by an employee under this chapter before July 1, 2009 is not affected under
1636 Subsection (1)(f).
1637 (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
1638 credit earned by an employee under this chapter before July 1, 2014, is not affected under
1639 Subsection (1)(g).
1640 (4) Upon filing a written request for exemption with the office, the following
1641 employees shall be exempt from coverage under this system:
1642 (a) a full-time student or the spouse of a full-time student and individuals employed in
1643 a trainee relationship;
1644 (b) an elected official;
1645 (c) an executive department head of the state, a member of the State Tax Commission,
1646 a member of the Public Service Commission, and a member of a full-time or part-time board or
1647 commission;
1648 (d) an employee of the Governor's Office of Management and Budget;
1649 (e) an employee of the Governor's Office of Economic Development;
1650 (f) an employee of the Commission on Criminal and Juvenile Justice;
1651 (g) an employee of the Governor's Office;
1652 (h) an employee of the State Auditor's Office;
1653 (i) an employee of the State Treasurer's Office;
1654 (j) any other member who is permitted to make an election under Section 49-11-406;
1655 (k) a person appointed as a city manager or chief city administrator or another person
1656 employed by a municipality, county, or other political subdivision, who is an at-will employee;
1657 and
1658 (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
1659 Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
1660 membership in a labor organization that provides retirement benefits to its members.
1661 (5) (a) Each participating employer shall prepare and maintain a list designating those
1662 positions eligible for exemption under Subsection (4).
1663 (b) An employee may not be exempted unless the employee is employed in an
1664 exempted position designated by the participating employer.
1665 (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
1666 municipality, county, or political subdivision may not exempt a total of more than 50 positions
1667 or a number equal to 10% of the eligible employees of the municipality, county, or political
1668 subdivision, whichever is less.
1669 (b) A municipality, county, or political subdivision may exempt at least one regular
1670 full-time employee.
1671 (7) Each participating employer shall:
1672 (a) maintain a list of employee exemptions; and
1673 (b) update the employee exemptions in the event of any change.
1674 (8) The office may make rules to implement this section.
1675 Section 26. Section 49-12-204 is amended to read:
1676 49-12-204. Higher education employees' eligibility requirements -- Election
1677 between different retirement plans -- Classification requirements -- Transfer between
1678 systems -- One-time election window -- Rulemaking.
1679 (1) (a) A regular full-time employee of an institution of higher education who is
1680 eligible to participate in either this system or a public or private retirement system,
1681 organization, or company, designated as described in Subsection (1)(c) or (d), shall, not later
1682 than January 1, 1979, elect to participate exclusively in this system or in an annuity contract
1683 allowed under this Subsection (1).
1684 (b) The election is final, and no right exists to make any further election.
1685 (c) Except as provided in Subsection (1)(d), [
1686 Higher Education shall designate the public or private retirement systems, organizations, or
1687 companies that a regular full-time employee of an institution of higher education is eligible to
1688 participate in under Subsection (1)(a).
1689 (d) The [
1690 college shall designate the public or private retirement systems, organizations, or companies
1691 that a regular full-time employee of each technical college is eligible to participate in under
1692 Subsection (1)(a).
1693 (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
1694 by an institution of higher education after January 1, 1979, may participate only in the
1695 retirement plan which attaches to the person's employment classification.
1696 (b) Each institution of higher education shall prepare or amend existing employment
1697 classifications, under the direction of the [
1698 or the [
1699 technical college, so that each classification is assigned with either:
1700 (i) this system; or
1701 (ii) a public or private system, organization, or company designated by:
1702 (A) except as provided in Subsection (2)(b)(ii)(B), the [
1703 of Higher Education; or
1704 (B) [
1705 college for regular full-time employees of each technical college.
1706 (c) Notwithstanding a person's employment classification assignment under Subsection
1707 (2)(b), a regular full-time employee who begins employment with an institution of higher
1708 education on or after May 11, 2010, has a one-time irrevocable election to continue
1709 participation in this system, if the employee has service credit in this system before the date of
1710 employment.
1711 (3) Notwithstanding an employment classification assignment change made under
1712 Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
1713 January 1, 1979, whose employment classification requires participation in this system may
1714 elect to continue participation in this system.
1715 (4) A regular full-time employee hired by an institution of higher education after
1716 January 1, 1979, whose employment classification requires participation in this system shall
1717 participate in this system.
1718 (5) (a) Notwithstanding any other provision of this section, a regular full-time
1719 employee of an institution of higher education shall have a one-time irrevocable election to
1720 participate in this system if the employee:
1721 (i) was hired after January 1, 1979;
1722 (ii) whose employment classification assignment under Subsection (2)(b) required
1723 participation in a retirement program other than this system; and
1724 (iii) has service credit in a system under this title.
1725 (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
1726 (c) All forms required by the office must be completed and received by the office no
1727 later than June 30, 2010, for the election to participate in this system to be effective.
1728 (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
1729 education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
1730 service credit in this system.
1731 (6) A regular full-time employee of an institution of higher education who elects to be
1732 covered by this system under Subsection (2)(c) or (5)(a), may purchase periods of employment
1733 while covered under another retirement program sponsored by the institution of higher
1734 education by complying with the requirements of Section 49-11-403.
1735 (7) The board shall make rules to implement this section.
1736 Section 27. Section 49-12-402 is amended to read:
1737 49-12-402. Service retirement plans -- Calculation of retirement allowance.
1738 (1) (a) Except as provided under Section 49-12-701, retirees of this system may choose
1739 from the six retirement options described in this section.
1740 (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
1741 calculation.
1742 (2) The Option One benefit is an annual allowance calculated as follows:
1743 (a) If the retiree is at least 65 years of age or has accrued at least 30 years of service
1744 credit, the allowance is:
1745 (i) an amount equal to 1.25% of the retiree's final average monthly salary multiplied by
1746 the number of years of service credit accrued prior to July 1, 1975; plus
1747 (ii) an amount equal to 2% of the retiree's final average monthly salary multiplied by
1748 the number of years of service credit accrued on and after July 1, 1975.
1749 (b) If the retiree is less than 65 years of age, the allowance shall be reduced 3% for
1750 each year of retirement from age 60 to age 65, unless the member has 30 or more years of
1751 accrued credit in which event no reduction is made to the allowance.
1752 (c) (i) Years of service includes any fractions of years of service to which the retiree
1753 may be entitled.
1754 (ii) At the time of retirement, if a retiree's combined years of actual, not purchased,
1755 service credit is within 1/10 of one year of the total years of service credit required for
1756 retirement, the retiree shall be considered to have the total years of service credit required for
1757 retirement.
1758 (d) An Option One allowance is only payable to the member during the member's
1759 lifetime.
1760 (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
1761 by reducing an Option One benefit based on actuarial computations to provide the following:
1762 (a) Option Two is a reduced allowance paid to and throughout the lifetime of the
1763 retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's
1764 member contributions, the remaining balance of the retiree's member contributions shall be
1765 paid in accordance with Sections 49-11-609 and 49-11-610.
1766 (b) Option Three is a reduced allowance paid to and throughout the lifetime of the
1767 retiree, and, upon the death of the retiree, the same reduced allowance paid to and throughout
1768 the lifetime of the retiree's lawful spouse at the time of retirement.
1769 (c) Option Four is a reduced allowance paid to and throughout the lifetime of the
1770 retiree, and upon the death of the retiree, an amount equal to 1/2 of the retiree's allowance paid
1771 to and throughout the lifetime of the retiree's lawful spouse at the time of retirement.
1772 (d) Option Five is a modification of Option Three so that if the lawful spouse at the
1773 time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the
1774 time of initial retirement under Option One shall be paid to the retiree for the remainder of the
1775 retiree's life, beginning on the first day of the month following the month in which the:
1776 (i) spouse died, if notification and supporting documentation for the death are received
1777 by the office within 90 days of the spouse's death; or
1778 (ii) notification and supporting documentation for the death are received by the office,
1779 if the notification and supporting documentation are received by the office more than 90 days
1780 after the spouse's death.
1781 (e) Option Six is a modification of Option Four so that if the lawful spouse at the time
1782 of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
1783 of initial retirement under Option One shall be paid to the retiree for the remainder of the
1784 retiree's life, beginning on the first day of the month following the month in which the:
1785 (i) spouse died, if notification and supporting documentation for the death are received
1786 by the office within 90 days of the spouse's death; or
1787 (ii) notification and supporting documentation for the death are received by the office,
1788 if the notification and supporting documentation are received by the office more than 90 days
1789 after the spouse's death.
1790 (4) (a) (i) The final average salary is limited in the computation of that part of an
1791 allowance based on service rendered prior to July 1, 1967, during a period when the retiree
1792 received employer contributions on a portion of compensation from an educational institution
1793 toward the payment of the premium required on a retirement annuity contract with a public or
1794 private system, organization, or company designated by the [
1795 Board of Higher Education to $4,800.
1796 (ii) This limitation is not applicable to retirees who elected to continue in this system
1797 by July 1, 1967.
1798 (b) Periods of employment which are exempt from this system under Subsection
1799 49-12-203(1)(b), may be purchased by the member for the purpose of retirement only if all
1800 benefits from a public or private system, organization, or company designated by the [
1801
1802 forfeited.
1803 (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement
1804 date, the retirement is canceled and the death shall be considered as that of a member before
1805 retirement.
1806 (b) Any payments made to the retiree shall be deducted from the amounts due to the
1807 beneficiary.
1808 (6) (a) If a retiree retires under either Option Five or Six and subsequently divorces, the
1809 retiree may elect to convert the benefit to a Option One benefit at the time of divorce, if there is
1810 no court order filed in the matter.
1811 (b) A conversion to an Option One benefit under this Subsection (6) begins on the first
1812 day of the month following the month in which the notification and supporting documentation
1813 for the divorce are received by the office.
1814 Section 28. Section 49-13-203 is amended to read:
1815 49-13-203. Exclusions from membership in system.
1816 (1) The following employees are not eligible for service credit in this system:
1817 (a) subject to the requirements of Subsection (2), an employee whose employment
1818 status is temporary in nature due to the nature or the type of work to be performed;
1819 (b) except as provided under Subsection (3)(a), an employee of an institution of higher
1820 education who participates in a retirement system with a public or private retirement system,
1821 organization, or company designated by the [
1822 Education, or the [
1823 college for an employee of each technical college, during any period in which required
1824 contributions based on compensation have been paid on behalf of the employee by the
1825 employer;
1826 (c) an employee serving as an exchange employee from outside the state;
1827 (d) an executive department head of the state or a legislative director, senior executive
1828 employed by the governor's office, a member of the State Tax Commission, a member of the
1829 Public Service Commission, and a member of a full-time or part-time board or commission
1830 who files a formal request for exemption;
1831 (e) an employee of the Department of Workforce Services who is covered under
1832 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
1833 (f) an employee who is employed with an employer that has elected to be excluded
1834 from participation in this system under Subsection 49-13-202(5), effective on or after the date
1835 of the employer's election under Subsection 49-13-202(5);
1836 (g) an employee who is employed with a withdrawing entity that has elected under
1837 Section 49-11-623, prior to January 1, 2017, to exclude:
1838 (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
1839 or
1840 (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
1841 or
1842 (h) an employee described in Subsection (1)(h)(i) or (ii) who is employed with a
1843 withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
1844 exclude:
1845 (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
1846 or
1847 (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
1848 (2) If an employee whose status is temporary in nature due to the nature of type of
1849 work to be performed:
1850 (a) is employed for a term that exceeds six months and the employee otherwise
1851 qualifies for service credit in this system, the participating employer shall report and certify to
1852 the office that the employee is a regular full-time employee effective the beginning of the
1853 seventh month of employment; or
1854 (b) was previously terminated prior to being eligible for service credit in this system
1855 and is reemployed within three months of termination by the same participating employer, the
1856 participating employer shall report and certify that the member is a regular full-time employee
1857 when the total of the periods of employment equals six months and the employee otherwise
1858 qualifies for service credits in this system.
1859 (3) (a) Upon cessation of the participating employer contributions, an employee under
1860 Subsection (1)(b) is eligible for service credit in this system.
1861 (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
1862 credit earned by an employee under this chapter before the date of the election under
1863 Subsection 49-13-202(5) is not affected under Subsection (1)(f).
1864 (4) Upon filing a written request for exemption with the office, the following
1865 employees shall be exempt from coverage under this system:
1866 (a) a full-time student or the spouse of a full-time student and individuals employed in
1867 a trainee relationship;
1868 (b) an elected official;
1869 (c) an executive department head of the state, a member of the State Tax Commission,
1870 a member of the Public Service Commission, and a member of a full-time or part-time board or
1871 commission;
1872 (d) an employee of the Governor's Office of Management and Budget;
1873 (e) an employee of the Governor's Office of Economic Development;
1874 (f) an employee of the Commission on Criminal and Juvenile Justice;
1875 (g) an employee of the Governor's Office;
1876 (h) an employee of the State Auditor's Office;
1877 (i) an employee of the State Treasurer's Office;
1878 (j) any other member who is permitted to make an election under Section 49-11-406;
1879 (k) a person appointed as a city manager or chief city administrator or another person
1880 employed by a municipality, county, or other political subdivision, who is an at-will employee;
1881 (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
1882 Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
1883 membership in a labor organization that provides retirement benefits to its members; and
1884 (m) an employee of the Utah Science Technology and Research Initiative created under
1885 Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
1886 (5) (a) Each participating employer shall prepare and maintain a list designating those
1887 positions eligible for exemption under Subsection (4).
1888 (b) An employee may not be exempted unless the employee is employed in a position
1889 designated by the participating employer.
1890 (6) (a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
1891 municipality, county, or political subdivision may not exempt a total of more than 50 positions
1892 or a number equal to 10% of the eligible employees of the municipality, county, or political
1893 subdivision, whichever is less.
1894 (b) A municipality, county, or political subdivision may exempt at least one regular
1895 full-time employee.
1896 (7) Each participating employer shall:
1897 (a) maintain a list of employee exemptions; and
1898 (b) update the employee exemptions in the event of any change.
1899 (8) The office may make rules to implement this section.
1900 Section 29. Section 49-13-204 is amended to read:
1901 49-13-204. Higher education employees' eligibility requirements -- Election
1902 between different retirement plans -- Classification requirements -- Transfer between
1903 systems -- One-time election window -- Rulemaking.
1904 (1) (a) A regular full-time employee of an institution of higher education who is
1905 eligible to participate in either this system or in a retirement system with a public or private
1906 retirement system, organization, or company, designated as described in Subsection (1)(c) or
1907 (d), shall, not later than January 1, 1979, elect to participate exclusively in this system or in an
1908 annuity contract allowed under this Subsection (1)(a).
1909 (b) The election is final, and no right exists to make any further election.
1910 (c) Except as provided in Subsection (1)(d), the [
1911 Higher Education shall designate the public or private retirement systems, organizations, or
1912 companies that a regular full-time employee of an institution of higher education is eligible to
1913 participate in under Subsection (1)(a).
1914 (d) The [
1915 college shall designate the public or private retirement systems, organizations, or companies
1916 that a regular full-time employee of each technical college is eligible to participate in under
1917 Subsection (1)(a).
1918 (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
1919 by an institution of higher education after January 1, 1979, may participate only in the
1920 retirement plan which attaches to the person's employment classification.
1921 (b) Each institution of higher education shall prepare or amend existing employment
1922 classifications, under the direction of the [
1923 or the [
1924 regular full-time employees of each technical college, so that each classification is assigned
1925 with either:
1926 (i) this system; or
1927 (ii) a public or private system, organization, or company designated by:
1928 (A) except as provided in Subsection (2)(b)(ii)(B), the [
1929 of Higher Education; or
1930 (B) the [
1931 college for regular full-time employees of each technical college.
1932 (c) Notwithstanding a person's employment classification assignment under Subsection
1933 (2)(b), a regular full-time employee who begins employment with an institution of higher
1934 education on or after May 11, 2010, has a one-time irrevocable election to continue
1935 participation in this system, if the employee has service credit in this system before the date of
1936 employment.
1937 (3) Notwithstanding an employment classification assignment change made under
1938 Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
1939 January 1, 1979, whose employment classification requires participation in this system may
1940 elect to continue participation in this system.
1941 (4) A regular full-time employee hired by an institution of higher education after
1942 January 1, 1979, whose employment classification requires participation in this system shall
1943 participate in this system.
1944 (5) (a) Notwithstanding any other provision of this section, a regular full-time
1945 employee of an institution of higher education whose employment classification assignment
1946 under Subsection (2)(b) required participation in a retirement program other than this system
1947 shall have a one-time irrevocable election to participate in this system.
1948 (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
1949 (c) All forms required by the office must be completed and received by the office no
1950 later than June 30, 2010, for the election to participate in this system to be effective.
1951 (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
1952 education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
1953 service credit in this system.
1954 (6) A regular full-time employee of an institution of higher education who elects to be
1955 covered by this system under Subsection (2)(c) or (5)(a) may purchase periods of employment
1956 while covered under another retirement program by complying with the requirements of
1957 Section 49-11-403.
1958 (7) The board shall make rules to implement this section.
1959 Section 30. Section 49-13-402 is amended to read:
1960 49-13-402. Service retirement plans -- Calculation of retirement allowance.
1961 (1) (a) Except as provided under Subsection (7) or Section 49-13-701, retirees of this
1962 system may choose from the six retirement options described in this section.
1963 (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
1964 calculation.
1965 (2) The Option One benefit is an allowance calculated as follows:
1966 (a) If the retiree is at least 65 years of age or has accrued at least 30 years of service
1967 credit, the allowance is an amount equal to 2% of the retiree's final average monthly salary
1968 multiplied by the number of years of service credit accrued.
1969 (b) If the retiree is less than 65 years of age, the allowance shall be reduced 3% for
1970 each year of retirement from age 60 to age 65, plus a full actuarial reduction for each year of
1971 retirement prior to age 60, unless the member has 30 or more years of accrued credit, in which
1972 event no reduction is made to the allowance.
1973 (c) (i) Years of service include any fractions of years of service to which the retiree
1974 may be entitled.
1975 (ii) At the time of retirement, if a retiree's combined years of actual, not purchased,
1976 service credit is within 1/10 of one year of the total years of service credit required for
1977 retirement, the retiree shall be considered to have the total years of service credit required for
1978 retirement.
1979 (d) An Option One allowance is only payable to the member during the member's
1980 lifetime.
1981 (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
1982 by reducing an Option One benefit based on actuarial computations to provide the following:
1983 (a) Option Two is a reduced allowance paid to and throughout the lifetime of the
1984 retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's
1985 member contributions, the remaining balance of the retiree's member contributions shall be
1986 paid in accordance with Sections 49-11-609 and 49-11-610.
1987 (b) Option Three is a reduced allowance paid to and throughout the lifetime of the
1988 retiree, and, upon the death of the retiree, the same reduced allowance paid to and throughout
1989 the lifetime of the retiree's lawful spouse at the time of retirement.
1990 (c) Option Four is a reduced allowance paid to and throughout the lifetime of the
1991 retiree, and upon the death of the retiree, an amount equal to one-half of the retiree's allowance
1992 paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement.
1993 (d) Option Five is a modification of Option Three so that if the lawful spouse at the
1994 time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the
1995 time of initial retirement under Option One shall be paid to the retiree for the remainder of the
1996 retiree's life, beginning on the first day of the month following the month in which the:
1997 (i) spouse died, if notification and supporting documentation for the death are received
1998 by the office within 90 days of the spouse's death; or
1999 (ii) notification and supporting documentation for the death are received by the office,
2000 if the notification and supporting documentation are received by the office more than 90 days
2001 after the spouse's death.
2002 (e) Option Six is a modification of Option Four so that if the lawful spouse at the time
2003 of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
2004 of initial retirement under Option One shall be paid to the retiree for the remainder of the
2005 retiree's life, beginning on the first day of the month following the month in which the:
2006 (i) spouse died, if notification and supporting documentation for the death are received
2007 by the office within 90 days of the spouse's death; or
2008 (ii) notification and supporting documentation for the death are received by the office,
2009 if the notification and supporting documentation are received by the office more than 90 days
2010 after the spouse's death.
2011 (4) (a) (i) The final average salary is limited in the computation of that part of an
2012 allowance based on service rendered prior to July 1, 1967, during a period when the retiree
2013 received employer contributions on a portion of compensation from an educational institution
2014 toward the payment of the premium required on a retirement annuity contract with a public or
2015 private system, organization, or company designated by the [
2016 Board of Higher Education to $4,800.
2017 (ii) This limitation is not applicable to retirees who elected to continue in the Public
2018 Employees' Contributory Retirement System by July 1, 1967.
2019 (b) Periods of employment which are exempt from this system as permitted under
2020 Subsection 49-13-203(1)(b) may be purchased by the member for the purpose of retirement
2021 only if all benefits from a public or private system, organization, or company designated by the
2022 [
2023 are forfeited.
2024 (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement
2025 date, the retirement is canceled and the death shall be considered as that of a member before
2026 retirement.
2027 (b) Any payments made to the retiree shall be deducted from the amounts due to the
2028 beneficiary.
2029 (6) (a) If a retiree retires under either Option Five or Six and subsequently divorces, the
2030 retiree may elect to convert the benefit to an Option One benefit at the time of divorce, if there
2031 is no court order filed in the matter.
2032 (b) A conversion to an Option One benefit under this Subsection (6) begins on the first
2033 day of the month following the month in which the notification and supporting documentation
2034 for the divorce are received by the office.
2035 (7) A retiree may not choose payment of an allowance under a retirement option
2036 described in this section that is not applicable to that retiree, including because the retiree did
2037 not make member contributions or does not have a lawful spouse at the time of retirement.
2038 Section 31. Section 49-21-102 is amended to read:
2039 49-21-102. Definitions.
2040 As used in this chapter:
2041 (1) "Date of disability" means the date on which a period of total disability begins, and
2042 may not begin on or before the last day of performing full-duty work in the eligible employee's
2043 regular occupation.
2044 (2) (a) "Eligible employee" means the following employee whose employer provides
2045 coverage under this chapter:
2046 (i) (A) any regular full-time employee as defined under Section 49-12-102, 49-13-102,
2047 or 49-22-102;
2048 (B) any public safety service employee as defined under Section 49-14-102, 49-15-102,
2049 or 49-23-102;
2050 (C) any firefighter service employee or volunteer firefighter as defined under Section
2051 49-23-102 who began firefighter service on or after July 1, 2011;
2052 (D) any judge as defined under Section 49-17-102 or 49-18-102; or
2053 (E) the governor of the state;
2054 (ii) an employee who is exempt from participating in a retirement system under
2055 Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and
2056 (iii) an employee who is covered by a retirement program offered by a public or private
2057 system, organization, or company designated by the [
2058 Higher Education.
2059 (b) "Eligible employee" does not include:
2060 (i) any employee that is exempt from coverage under Section 49-21-201; or
2061 (ii) a retiree.
2062 (3) "Elimination period" means the three months at the beginning of each continuous
2063 period of total disability for which no benefit will be paid. The elimination period begins on
2064 the nearest first day of the month from the date of disability. The elimination period may
2065 include a one-time trial return to work period of less than 15 consecutive calendar days.
2066 (4) (a) "Gainful employment" means any occupation or employment position in the
2067 state that:
2068 (i) contemplates continued employment during a fiscal or calendar year; and
2069 (ii) would pay an amount equal to or greater than 40 hours per week at the legally
2070 required minimum wage, regardless of the number of hours worked.
2071 (b) "Gainful employment" does not mean that an occupation or employment position in
2072 the state is:
2073 (i) available within any geographic boundaries of the state;
2074 (ii) offered at a certain level of wages;
2075 (iii) available at a particular number of hours per week; or
2076 (iv) currently available.
2077 (5) "Maximum benefit period" means the maximum period of time the monthly
2078 disability income benefit will be paid under Section 49-21-403 for any continuous period of
2079 total disability.
2080 (6) "Monthly disability benefit" means the monthly payments and accrual of service
2081 credit under Section 49-21-401.
2082 (7) "Objective medical impairment" means an impairment resulting from an injury or
2083 illness which is diagnosed by a physician and which is based on accepted objective medical
2084 tests or findings rather than subjective complaints.
2085 (8) (a) "Ongoing disability" means, after the elimination period and the first 24 months
2086 of disability benefits, the complete inability, as determined under Subsection (8)(b), to engage
2087 in any gainful employment which is reasonable, considering the eligible employee's education,
2088 training, and experience.
2089 (b) For purposes of Subsection (8)(a), inability is determined:
2090 (i) based solely on physical objective medical impairment; and
2091 (ii) regardless of the existence or absence of any mental impairment.
2092 (9) "Own occupation disability" means the complete inability, due to objective medical
2093 impairment, whether physical or mental, to engage in the eligible employee's regular
2094 occupation during the elimination period and the first 24 months of disability benefits.
2095 (10) "Physician" means a licensed physician.
2096 (11) "Regular monthly salary" means the amount certified by the participating
2097 employer as the monthly salary of the eligible employee, unless there is a discrepancy between
2098 the certified amount and the amount actually paid, in which case the office shall determine the
2099 regular monthly salary.
2100 (12) "Regular occupation" means either:
2101 (a) the primary duties performed by the eligible employee for the 12 months preceding
2102 the date of disability; or
2103 (b) a permanent assignment of duty to the eligible employee, as long as the eligible
2104 employee has actually performed all the required duties of the permanent assignment of duty.
2105 (13) "Rehabilitative employment" means any occupation or employment for wage or
2106 profit, for which the eligible employee is reasonably qualified to perform based on education,
2107 training, or experience.
2108 (14) "Total disability" means:
2109 (a) own occupation disability; or
2110 (b) ongoing disability.
2111 (15) (a) "Workers' compensation indemnity benefits" means benefits provided that are
2112 designed to replace wages under Title 34A, Chapter 2, Part 4, Compensation and Benefits,
2113 including wage replacement for a temporary disability, temporary partial disability, permanent
2114 partial disability, or permanent total disability.
2115 (b) "Workers' compensation indemnity benefits" includes a settlement amount
2116 following a claim for indemnity benefits.
2117 Section 32. Section 49-22-203 is amended to read:
2118 49-22-203. Exclusions from membership in system.
2119 (1) The following employees are not eligible for service credit in this system:
2120 (a) subject to the requirements of Subsection (2), an employee whose employment
2121 status is temporary in nature due to the nature or the type of work to be performed;
2122 (b) except as provided under Subsection (3), an employee of an institution of higher
2123 education who participates in a retirement system with a public or private retirement system,
2124 organization, or company designated by the [
2125 Education, or the [
2126 college for an employee of each technical college, during any period in which required
2127 contributions based on compensation have been paid on behalf of the employee by the
2128 employer;
2129 (c) an employee serving as an exchange employee from outside the state;
2130 (d) an employee of the Department of Workforce Services who is covered under
2131 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
2132 (e) an employee who is employed with a withdrawing entity that has elected under
2133 Section 49-11-623, prior to January 1, 2017, to exclude:
2134 (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
2135 or
2136 (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
2137 (f) a person who files a written request for exemption with the office under Section
2138 49-22-205; or
2139 (g) an employee described in Subsection (1)(g)(i) or (ii) who is employed with a
2140 withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
2141 exclude:
2142 (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
2143 or
2144 (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
2145 (2) If an employee whose status is temporary in nature due to the nature of type of
2146 work to be performed:
2147 (a) is employed for a term that exceeds six months and the employee otherwise
2148 qualifies for service credit in this system, the participating employer shall report and certify to
2149 the office that the employee is a regular full-time employee effective the beginning of the
2150 seventh month of employment; or
2151 (b) was previously terminated prior to being eligible for service credit in this system
2152 and is reemployed within three months of termination by the same participating employer, the
2153 participating employer shall report and certify that the member is a regular full-time employee
2154 when the total of the periods of employment equals six months and the employee otherwise
2155 qualifies for service credits in this system.
2156 (3) Upon cessation of the participating employer contributions, an employee under
2157 Subsection (1)(b) is eligible for service credit in this system.
2158 Section 33. Section 49-22-204 is amended to read:
2159 49-22-204. Higher education employees' eligibility requirements -- Election
2160 between different retirement plans -- Classification requirements -- Transfer between
2161 systems.
2162 (1) (a) A regular full-time employee of an institution of higher education who is
2163 eligible to participate in either this system or in a retirement annuity contract with a public or
2164 private system, organization, or company, designated as described in Subsection (1)(c) or (d),
2165 shall, not later than January 1, 1979, elect to participate exclusively in this system or in an
2166 annuity contract allowed under this Subsection (1).
2167 (b) The election is final, and no right exists to make any further election.
2168 (c) Except as provided in Subsection (1)(d), the [
2169 Higher Education shall designate the public or private retirement systems, organizations, or
2170 companies that a regular full-time employee of an institution of higher education is eligible to
2171 participate in under Subsection (1)(a).
2172 (d) The [
2173 college shall designate the public or private retirement systems, organizations, or companies
2174 that a regular full-time employee of each technical college is eligible to participate in under
2175 Subsection (1)(a).
2176 (2) (a) A regular full-time employee hired by an institution of higher education after
2177 January 1, 1979, may participate only in the retirement plan which attaches to the person's
2178 employment classification.
2179 (b) Each institution of higher education shall prepare or amend existing employment
2180 classifications, under the direction of the [
2181 or the [
2182 technical college, so that each classification is assigned with either:
2183 (i) this system; or
2184 (ii) a public or private system, organization, or company designated by:
2185 (A) except as provided under Subsection (2)(b)(ii)(B), the [
2186 Board of Higher Education; or
2187 (B) the [
2188 college for regular full-time employees of each technical college.
2189 (3) A regular full-time employee hired by an institution of higher education on or after
2190 July 1, 2011, whose employment classification requires participation in this system may elect
2191 to continue participation in this system upon change to an employment classification which
2192 requires participation in a public or private system, organization, or company designated by:
2193 (a) except as provided in Subsection (3)(b), the [
2194 Higher Education; or
2195 (b) the [
2196 college for regular full-time employees of each technical college.
2197 (4) A regular full-time employee hired by an institution of higher education on or after
2198 July 1, 2011, whose employment classification requires participation in this system shall
2199 participate in this system.
2200 Section 34. Section 51-7-4 is amended to read:
2201 51-7-4. Transfer of functions, powers, and duties relating to public funds to state
2202 treasurer -- Exceptions -- Deposit of income from investment of state money.
2203 (1) Unless otherwise required by the Utah Constitution or applicable federal law, the
2204 functions, powers, and duties vested by law in each state officer, board, commission,
2205 institution, department, division, agency, or other similar instrumentality relating to the deposit,
2206 investment, or reinvestment of public funds, and the purchase, sale, or exchange of investments
2207 or securities of, or for, funds or accounts under the control and management of each of these
2208 instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
2209 (a) funds assigned to the Utah State Retirement Board for investment under Section
2210 49-11-302;
2211 (b) funds of member institutions of the state system of higher education:
2212 (i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
2213 (ii) derived from student fees or from income from operations of auxiliary enterprises,
2214 which fees and income are pledged or otherwise dedicated to the payment of interest and
2215 principal of bonds issued by an institution of higher education;
2216 (iii) subject to rules made by the council, under Section 51-7-18, deposited in a foreign
2217 depository institution as defined in Section 7-1-103; and
2218 (iv) other funds that are not included in the institution's work program as approved by
2219 the [
2220 (c) inmate funds as provided in Section 64-13-23 or in Title 64, Chapter 9b, Work
2221 Programs for Prisoners;
2222 (d) trust funds established by judicial order;
2223 (e) funds of the Utah Housing Corporation;
2224 (f) endowment funds of higher education institutions; and
2225 (g) the funds of the Utah Educational Savings Plan.
2226 (2) All public funds held or administered by the state or its boards, commissions,
2227 institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to
2228 the state treasurer as provided by this section shall be:
2229 (a) deposited and invested by the custodian in accordance with this chapter, unless
2230 otherwise required by statute or by applicable federal law; and
2231 (b) reported to the state treasurer in a form prescribed by the state treasurer.
2232 (3) Unless otherwise provided by the constitution or laws of this state or by contractual
2233 obligation, the income derived from the investment of state money by the state treasurer shall
2234 be deposited [
2235 Section 35. Section 51-7-13 is amended to read:
2236 51-7-13. Funds of member institutions of state system of higher education and
2237 public education foundations -- Authorized deposits or investments.
2238 (1) The provisions of this section apply to all funds of:
2239 (a) higher education institutions, other than endowment funds, that are not transferred
2240 to the state treasurer under Section 51-7-4; and
2241 (b) public education foundations established under Section 53E-3-403.
2242 (2) (a) Proceeds of general obligation bond issues and all funds pledged or otherwise
2243 dedicated to the payment of interest and principal of general obligation bonds issued by or for
2244 the benefit of the institution shall be invested according to the requirements of:
2245 (i) Section 51-7-11 and the rules of the council; or
2246 (ii) the terms of the borrowing instruments applicable to those bonds and funds if those
2247 terms are more restrictive than Section 51-7-11.
2248 (b) (i) The public treasurer shall invest the proceeds of bonds other than general
2249 obligation bonds issued by or for the benefit of the institution and all funds pledged or
2250 otherwise dedicated to the payment of interest and principal of bonds other than general
2251 obligation bonds according to the terms of the borrowing instruments applicable to those
2252 bonds.
2253 (ii) If no provisions governing investment of bond proceeds or pledged or dedicated
2254 funds are contained in the borrowing instruments applicable to those bonds or funds, the public
2255 treasurer shall comply with the requirements of Section 51-7-11 in investing those proceeds
2256 and funds.
2257 (c) All other funds in the custody or control of any of those institutions or public
2258 education foundations shall be invested as provided in Section 51-7-11 and the rules of the
2259 council.
2260 (3) (a) Each institution shall make monthly reports detailing the deposit and investment
2261 of funds in its custody or control to its institutional council and the [
2262 Utah Board of Higher Education.
2263 (b) The state auditor may conduct or cause to be conducted an annual audit of the
2264 investment program of each institution.
2265 (c) The [
2266 (i) require whatever internal controls and supervision are necessary to ensure the
2267 appropriate safekeeping, investment, and accounting for all funds of these institutions; and
2268 (ii) submit annually to the governor and the Legislature a summary report of all
2269 investments by institutions under its jurisdiction.
2270 Section 36. Section 51-8-303 is amended to read:
2271 51-8-303. Requirements of member institutions of the state system of higher
2272 education.
2273 (1) The [
2274 (a) establish asset allocations for the institutional funds;
2275 (b) in consultation with the commissioner of higher education, establish guidelines for
2276 investing the funds; and
2277 (c) establish a written policy governing conflicts of interest.
2278 (2) (a) A higher education institution may not invest its institutional funds in violation
2279 of the [
2280
2281 been adopted by the higher education institution's board of trustees.
2282 (b) A higher education institution and its employees shall comply with the [
2283
2284 [
2285 policy that has been adopted by the higher education institution's board of trustees.
2286 (3) (a) The board of trustees of a higher education institution may adopt:
2287 (i) an investment policy to govern the investment of the higher education institution's
2288 institutional funds; and
2289 (ii) a conflict of interest policy.
2290 (b) The investment policy shall:
2291 (i) define the groups, and the responsibilities of those groups, that must be involved
2292 with investing the institutional funds;
2293 (ii) ensure that the groups defined under Subsection (3)(b)(i) at least include the board
2294 of trustees, an investment committee, institutional staff, and a custodian bank;
2295 (iii) create an investment committee that includes not more than two members of the
2296 board of trustees and no less than two independent investment management professionals;
2297 (iv) determine an appropriate risk level for the institutional funds;
2298 (v) establish allocation ranges for asset classes considered suitable for the institutional
2299 funds;
2300 (vi) determine prudent diversification of the institutional funds; and
2301 (vii) establish performance objectives and a regular review process.
2302 (c) Each higher education institution that adopts an investment policy, a conflict of
2303 interest policy, or both, shall submit the policy, and any subsequent amendments, to the [
2304
2305 (4) Each higher education institution shall make monthly reports detailing the deposit
2306 and investment of funds in [
2307 (a) [
2308 [
2309 (b) the Utah Board of Higher Education.
2310 (5) The state auditor may conduct or cause to be conducted an annual audit of the
2311 investment program of each higher education institution.
2312 (6) The [
2313 annual report to the governor and the Legislature summarizing all investments by higher
2314 education institutions under its jurisdiction.
2315 Section 37. Section 51-9-201 is amended to read:
2316 51-9-201. Creation of Tobacco Settlement Restricted Account.
2317 (1) There is created within the General Fund a restricted account known as the
2318 "Tobacco Settlement Restricted Account."
2319 (2) The account shall earn interest.
2320 (3) The account shall consist of:
2321 (a) on and after July 1, 2007, 60% of all funds of every kind that are received by the
2322 state that are related to the settlement agreement that the state entered into with leading tobacco
2323 manufacturers on November 23, 1998; and
2324 (b) interest earned on the account.
2325 (4) To the extent that funds will be available for appropriation in a given fiscal year,
2326 those funds shall be appropriated from the account in the following order:
2327 (a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
2328 of the Tobacco Settlement Agreement;
2329 (b) $18,500 to the State Tax Commission for ongoing enforcement of business
2330 compliance with the Tobacco Tax Settlement Agreement;
2331 (c) $10,452,900 to the Department of Health for:
2332 (i) children in the Medicaid program created in Title 26, Chapter 18, Medical
2333 Assistance Act, and the Children's Health Insurance Program created in Section 26-40-103; and
2334 (ii) for restoration of dental benefits in the Children's Health Insurance Program;
2335 (d) $3,847,100 to the Department of Health for alcohol, tobacco, and other drug
2336 prevention, reduction, cessation, and control programs that promote unified messages and
2337 make use of media outlets, including radio, newspaper, billboards, and television, and with a
2338 preference in funding given to tobacco-related programs;
2339 (e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
2340 Department of Human Services for the statewide expansion of the drug court program;
2341 (f) $4,000,000 to the [
2342 University of Utah Health Sciences Center to benefit the health and well-being of Utah citizens
2343 through in-state research, treatment, and educational activities; and
2344 (g) any remaining funds as directed by the Legislature through appropriation.
2345 Section 38. Section 53-2a-802 is amended to read:
2346 53-2a-802. Definitions.
2347 (1) (a) "Absent" means:
2348 (i) not physically present or not able to be communicated with for 48 hours; or
2349 (ii) for local government officers, as defined by local ordinances.
2350 (b) "Absent" does not include a person who can be communicated with via telephone,
2351 radio, or telecommunications.
2352 (2) "Department" means the Department of Administrative Services, the Department of
2353 Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
2354 Commerce, the Department of Heritage and Arts, the Department of Corrections, the
2355 Department of Environmental Quality, the Department of Financial Institutions, the
2356 Department of Health, the Department of Human Resource Management, the Department of
2357 Workforce Services, the Labor Commission, the National Guard, the Department of Insurance,
2358 the Department of Natural Resources, the Department of Public Safety, the Public Service
2359 Commission, the Department of Human Services, the State Tax Commission, the Department
2360 of Technology Services, the Department of Transportation, any other major administrative
2361 subdivisions of state government, the State Board of Education, the [
2362 Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement Board,
2363 and each institution of higher education within the system of higher education.
2364 (3) "Division" means the Division of Emergency Management established in Title 53,
2365 Chapter 2a, Part 1, Emergency Management Act.
2366 (4) "Emergency interim successor" means a person designated by this part to exercise
2367 the powers and discharge the duties of an office when the person legally exercising the powers
2368 and duties of the office is unavailable.
2369 (5) "Executive director" means the person with ultimate responsibility for managing
2370 and overseeing the operations of each department, however denominated.
2371 (6) (a) "Office" includes all state and local offices, the powers and duties of which are
2372 defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
2373 (b) "Office" does not include the office of governor or the legislative or judicial offices.
2374 (7) "Place of governance" means the physical location where the powers of an office
2375 are being exercised.
2376 (8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
2377 authorities, and other public corporations and entities whether organized and existing under
2378 charter or general law.
2379 (9) "Political subdivision officer" means a person holding an office in a political
2380 subdivision.
2381 (10) "State officer" means the attorney general, the state treasurer, the state auditor, and
2382 the executive director of each department.
2383 (11) "Unavailable" means:
2384 (a) absent from the place of governance during a disaster that seriously disrupts normal
2385 governmental operations, whether or not that absence or inability would give rise to a vacancy
2386 under existing constitutional or statutory provisions; or
2387 (b) as otherwise defined by local ordinance.
2388 Section 39. Section 53-7-204 is amended to read:
2389 53-7-204. Duties of Utah Fire Prevention Board -- Unified Code Analysis Council
2390 -- Local administrative duties.
2391 (1) The board shall:
2392 (a) administer the state fire code as the standard in the state;
2393 (b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
2394 Utah Administrative Rulemaking Act:
2395 (i) establishing standards for the prevention of fire and for the protection of life and
2396 property against fire and panic in any:
2397 (A) publicly owned building, including all public and private schools, colleges, and
2398 university buildings;
2399 (B) building or structure used or intended for use as an asylum, a mental hospital, a
2400 hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or
2401 day care center, or any building or structure used for a similar purpose; or
2402 (C) place of assemblage where 50 or more persons may gather together in a building,
2403 structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
2404 (ii) establishing safety and other requirements for placement and discharge of display
2405 fireworks on the basis of:
2406 (A) the state fire code; and
2407 (B) relevant publications of the National Fire Protection Association;
2408 (iii) establishing safety standards for retail storage, handling, and sale of class C
2409 common state approved explosives;
2410 (iv) defining methods to establish proof of competence to place and discharge display
2411 fireworks, special effects fireworks, and flame effects;
2412 (v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
2413 county, special district, and local government entity's safe seizure, storage, and repurposing,
2414 destruction, or disposal of a firework, class A explosive, or class B explosive that:
2415 (A) is illegal; or
2416 (B) a person uses or handles in an illegal manner;
2417 (vi) deputizing qualified persons to act as deputy fire marshals, and to secure special
2418 services in emergencies;
2419 (vii) implementing Section 15A-1-403;
2420 (viii) setting guidelines for use of funding;
2421 (ix) establishing criteria for training and safety equipment grants for fire departments
2422 enrolled in firefighter certification;
2423 (x) establishing ongoing training standards for hazardous materials emergency
2424 response agencies; and
2425 (xi) establishing criteria for the fire safety inspection of a food truck;
2426 (c) recommend to the commissioner a state fire marshal;
2427 (d) develop policies under which the state fire marshal and the state fire marshal's
2428 authorized representatives will perform;
2429 (e) provide for the employment of field assistants and other salaried personnel as
2430 required;
2431 (f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
2432 representatives;
2433 (g) establish a statewide fire prevention, fire education, and fire service training
2434 program in cooperation with the [
2435 (h) establish a statewide fire statistics program for the purpose of gathering fire data
2436 from all political subdivisions of the state;
2437 (i) establish a fire academy in accordance with Section 53-7-204.2;
2438 (j) coordinate the efforts of all people engaged in fire suppression in the state;
2439 (k) work aggressively with the local political subdivisions to reduce fire losses;
2440 (l) regulate the sale and servicing of portable fire extinguishers and automatic fire
2441 suppression systems in the interest of safeguarding lives and property;
2442 (m) establish a certification program for persons who inspect and test automatic fire
2443 sprinkler systems;
2444 (n) establish a certification program for persons who inspect and test fire alarm
2445 systems;
2446 (o) establish a certification for persons who provide response services regarding
2447 hazardous materials emergencies;
2448 (p) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the
2449 Business and Labor Interim Committee; and
2450 (q) jointly create the Unified Code Analysis Council with the Uniform Building Code
2451 Commission in accordance with Section 15A-1-203.
2452 (2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
2453 include a provision prohibiting a state, county, special district, or local government entity from
2454 disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under
2455 circumstances described in the rule.
2456 (b) When making a rule under Subsection (1)(b)(v), the board shall:
2457 (i) review and include applicable references to:
2458 (A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
2459 (B) provisions of the International Fire Code; and
2460 (ii) consider the appropriate role of the following in relation to the rule:
2461 (A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
2462 (B) a firework wholesaler or distributor.
2463 (3) The board may incorporate in its rules by reference, in whole or in part:
2464 (a) the state fire code; or
2465 (b) subject to the state fire code, a nationally recognized and readily available standard
2466 pertaining to the protection of life and property from fire, explosion, or panic.
2467 (4) The following functions shall be administered locally by a city, county, or fire
2468 protection district:
2469 (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
2470 19-2-114;
2471 (b) creating a local board of appeals in accordance with the state fire code; and
2472 (c) subject to the state fire code and the other provisions of this chapter, establishing,
2473 modifying, or deleting fire flow and water supply requirements.
2474 Section 40. Section 53B-1-101.5 is amended to read:
2475 53B-1-101.5. Definitions.
2476 As used in this title:
2477 (1) (a) "Academic education" means an educational program that is offered by a
2478 degree-granting institution.
2479 (b) "Academic education" does not include technical education.
2480 [
2481 Education described in Section [
2482 [
2483
2484
2485
2486 (a) is designed to meet industry needs;
2487 (b) leads to:
2488 (i) a certificate; or
2489 (ii) a degree; and
2490 (c) may qualify for funding under the Carl D. Perkins Career and Technical Education
2491 Improvement Act of 2006, 20 U.S.C. 2301 et seq.
2492 [
2493 accordance with Section [
2494 [
2495
2496 (5) "Degree-granting institution of higher education" or "degree-granting institution"
2497 means an institution of higher education described in Subsection 53B-1-102(1)(a).
2498 (6) "Institution board of trustees" means:
2499 (a) an institution of higher education board of trustees described in Section 53B-2-103;
2500 or
2501 (b) a technical college board of trustees described in Section 53B-2a-108.
2502 (7) "Technical college" means an institution of higher education described in
2503 Subsection 53B-1-102(1)(b).
2504 (8) (a) "Technical education" means career and technical education that:
2505 (i) leads to an institutional certificate; or
2506 (ii) is short-term training.
2507 (b) "Technical education" does not include general education.
2508 Section 41. Section 53B-1-102 is amended to read:
2509 53B-1-102. Utah system of higher education.
2510 (1) The [
2511 [
2512
2513 [
2514 (a) degree-granting institutions, which are:
2515 [
2516 [
2517 [
2518 [
2519 [
2520 [
2521 [
2522 [
2523 [
2524
2525 [
2526 (b) technical colleges, which are:
2527 [
2528 [
2529 [
2530 [
2531 [
2532 [
2533 [
2534 [
2535 (c) the Utah Board of Higher Education; and
2536 [
2537 designate.
2538 (2) A change in the name of an institution within the [
2539
2540 or mission of the institution, unless otherwise authorized by the [
2541 board.
2542 (3) It is not the intent of the Legislature to increase the number of research universities
2543 in the state beyond the University of Utah and Utah State University.
2544 (4) An institution or board described in Subsection (1) is empowered to sue and be sued
2545 and to contract and be contracted with.
2546 Section 42. Section 53B-1-109 is amended to read:
2547 53B-1-109. Coordination of higher education and public education information
2548 technology systems -- Use of unique student identifier.
2549 (1) As used in this section, "unique student identifier" means the same as that term is
2550 defined in Section 53E-4-308.
2551 (2) The [
2552 public education and higher education information technology systems to allow individual
2553 student academic achievement to be tracked through both education systems in accordance
2554 with this section and Section 53E-4-308.
2555 (3) Information technology systems [
2556 system of higher education shall [
2557 have previously been assigned a unique student identifier.
2558 Section 43. Section 53B-1-114 is amended to read:
2559 53B-1-114. Coordination for education.
2560 (1) At least quarterly, in order to coordinate education services, the commissioner and
2561 the state superintendent of public instruction shall convene a meeting of individuals who have
2562 responsibilities related to Utah's education system [
2563 (a) the state superintendent of public instruction [
2564 (b) the commissioner;
2565 [
2566 [
2567 Section 35A-1-201;
2568 [
2569 described in Section 63N-1-202;
2570 [
2571 [
2572 [
2573
2574 (g) a member of the governor's staff; and
2575 [
2576 (2) The coordinating group described in this section shall, for the State Board of
2577 Education and the Utah Board of Higher Education:
2578 (a) coordinate strategic planning efforts;
2579 (b) encourage alignment of strategic plans; and
2580 (c) report on the State Board of Education's strategic plan to the Utah Board of Higher
2581 Education and the Utah Board of Higher Education's strategic plan to the State Board of
2582 Education.
2583 [
2584 Chapter 4, Open and Public Meetings Act.
2585 Section 44. Section 53B-1-301 is amended to read:
2586 53B-1-301. Reports to and actions of the Higher Education Appropriations
2587 Subcommittee.
2588 (1) In accordance with applicable provisions and Section 68-3-14, the following
2589 recurring reports are due to the Higher Education Appropriations Subcommittee:
2590 (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
2591 Rocky Mountain Center for Occupational and Environmental Health;
2592 (b) the report described in Section 53B-7-101 by the board on recommended
2593 appropriations for higher education institutions, including the report described in Section
2594 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
2595 (c) the report described in Section 53B-7-704 by the Department of Workforce
2596 Services and the Governor's Office of Economic Development on targeted jobs;
2597 (d) the reports described in Section 53B-7-705 by the board [
2598
2599 (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
2600 Program;
2601 (f) the report described in Section 53B-8-303 by the [
2602 regarding Access Utah promise scholarships;
2603 (g) the report described in Section 53B-8d-104 by the Division of Child and Family
2604 Services on tuition waivers for wards of the state;
2605 (h) the report described in Section 53B-12-107 by the Utah Higher Education
2606 Assistance Authority;
2607 (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
2608 Program;
2609 (j) the report described in Section 53B-17-201 by the University of Utah regarding the
2610 Miners' Hospital for Disabled Miners;
2611 (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
2612 Development on high demand technical jobs projected to support economic growth;
2613 (l) the report described in Section 53B-26-202 by the Medical Education Council on
2614 projected demand for nursing professionals; and
2615 (m) the report described in Section 53E-10-308 by the State Board of Education and
2616 [
2617 (2) In accordance with applicable provisions and Section 68-3-14, the following
2618 occasional reports are due to the Higher Education Appropriations Subcommittee:
2619 (a) upon request, the information described in Section 53B-8a-111 submitted by the
2620 Utah Educational Savings Plan;
2621 (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
2622 workforce needs for technical jobs projected to support economic growth;
2623 (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
2624 projected demand for nursing professionals; and
2625 (d) the reports described in Section 63C-19-202 by the Higher Education Strategic
2626 Planning Commission on the commission's progress.
2627 (3) In accordance with applicable provisions, the Higher Education Appropriations
2628 Subcommittee shall complete the following:
2629 (a) as required by Section 53B-7-703, the review of performance funding described in
2630 Section 53B-7-703;
2631 (b) the review described in Section 53B-7-705 of the implementation of performance
2632 funding;
2633 (c) an appropriation recommendation described in Section 53B-26-103 to fund a
2634 proposal responding to workforce needs of a strategic industry cluster;
2635 (d) an appropriation recommendation described in Section 53B-26-202 to fund a
2636 proposal responding to projected demand for nursing professionals; and
2637 (e) review of the report described in Section 63B-10-301 by the University of Utah on
2638 the status of a bond and bond payments specified in Section 63B-10-301.
2639 Section 45. Section 53B-1-401 is enacted to read:
2640
2641 53B-1-401. Definitions.
2642 As used in this part:
2643 (1) "Board" means the Utah Board of Higher Education described in Section
2644 53B-1-402.
2645 (2) "Institution of higher education" or "institution" means an institution of higher
2646 education described in Section 53B-1-102.
2647 (3) "Nominating committee" means the committee described in Section 53B-1-406.
2648 Section 46. Section 53B-1-402, which is renumbered from Section 53B-1-103 is
2649 renumbered and amended to read:
2650 [
2651 authority -- Reports.
2652 (1) There is established a State Board of Regents[
2653 (a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
2654 (b) is the governing board for the institutions of higher education;
2655 (c) controls, manages, and supervises the Utah system of higher education; and
2656 (d) is a body politic and corporate with perpetual succession and with all rights,
2657 immunities, and franchises necessary to function as a body politic and corporate.
2658 [
2659
2660
2661
2662 [
2663
2664
2665 [
2666 [
2667
2668 [
2669 [
2670
2671 [
2672 [
2673
2674 [
2675 [
2676 [
2677 [
2678 [
2679
2680 [
2681
2682 [
2683
2684 [
2685 [
2686
2687 [
2688
2689 (2) The board shall:
2690 (a) establish and promote a state-level vision and goals for higher education that
2691 emphasize system priorities, including:
2692 (i) quality;
2693 (ii) affordability;
2694 (iii) educational opportunity, access, equity, and completion;
2695 (iv) workforce alignment and preparation for high-quality jobs; and
2696 (v) economic growth;
2697 (b) establish policies and practices that advance the vision and goals;
2698 (c) establish metrics to demonstrate and monitor:
2699 (i) performance related to the goals; and
2700 (ii) performance on measures of operational efficiency;
2701 (d) collect and analyze data including economic data, demographic data, and data
2702 related to the metrics;
2703 (e) coordinate data collection across institutions;
2704 (f) establish, approve, and oversee each institution's mission and role in accordance
2705 with Section 53B-16-101;
2706 (g) assess an institution's performance in accomplishing the institution's mission and
2707 role;
2708 (h) participate in the establishment and review of programs of instruction in accordance
2709 with Section 53B-16-102;
2710 (i) perform duties related to an institution of higher education president, including:
2711 (i) appointing an institution of higher education president in accordance with Sections
2712 53B-2-102 and 53B-2a-107;
2713 (ii) providing support and guidance to an institution of higher education president; and
2714 (iii) evaluating an institution of higher education president based on institution
2715 performance and progress toward systemwide priorities;
2716 (j) create and implement a strategic finance plan for higher education, including by:
2717 (i) establishing comprehensive budget and finance priorities for academic education
2718 and technical education;
2719 (ii) allocating statewide resources to institutions;
2720 (iii) setting tuition for each institution;
2721 (iv) administering state financial aid programs;
2722 (v) administering performance funding in accordance with Chapter 7, Part 7,
2723 Performance Funding; and
2724 (vi) developing a strategic capital facility plan and prioritization process in accordance
2725 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
2726 (k) create a seamless articulated education system for Utah students that responds to
2727 changing demographics and workforce, including by:
2728 (i) providing for statewide prior learning assessment, in accordance with Section
2729 53B-16-110;
2730 (ii) establishing and maintaining clear pathways for articulation and transfer, in
2731 accordance with Section 53B-16-105;
2732 (iii) establishing degree program requirement guidelines, including credit hour limits;
2733 (iv) aligning general education requirements across degree-granting institutions;
2734 (v) coordinating and incentivizing collaboration and partnerships between institutions
2735 in delivering programs;
2736 (vi) coordinating distance delivery of programs; and
2737 (vii) coordinating work-based learning;
2738 (l) coordinate with the public education system:
2739 (i) regarding public education programs that provide postsecondary credit or
2740 certificates; and
2741 (ii) to ensure that an institution of higher education providing technical education
2742 serves secondary students in the public education system;
2743 (m) delegate to an institution board of trustees certain duties related to institution
2744 governance including:
2745 (i) guidance and support for the institution president;
2746 (ii) effective administration;
2747 (iii) the institution's responsibility for contributing to progress toward achieving
2748 systemwide goals; and
2749 (iv) other responsibilities determined by the board;
2750 (n) delegate to an institution of higher education president management of the
2751 institution of higher education;
2752 (o) maximize efficiency throughout the Utah system of higher education by identifying
2753 and establishing shared administrative services;
2754 (p) develop strategies for providing higher education, including career and technical
2755 education, in rural areas;
2756 (q) manage and facilitate a process for initiating, prioritizing, and implementing
2757 education reform initiatives; and
2758 (r) provide ongoing quality review of institutions.
2759 (3) The board shall submit an annual report of the board's activities and performance
2760 against the board's goals and metrics to:
2761 (a) the Education Interim Committee;
2762 (b) the Higher Education Appropriations Subcommittee;
2763 (c) the governor; and
2764 (d) each institution of higher education.
2765 [
2766 progress and recommendations on workforce related issues, including career and technical
2767 education [
2768 Education Interim Committee by October 31 of each year, [
2769 information detailing:
2770 (a) how the career and technical education needs of secondary students are being met
2771 by institutions of higher education [
2772
2773
2774
2775 (b) how the emphasis on high demand, high wage, and high skill jobs in business and
2776 industry is being provided;
2777 (c) performance outcomes, including:
2778 (i) entered employment;
2779 (ii) job retention; and
2780 (iii) earnings;
2781 (d) an analysis of workforce needs and efforts to meet workforce needs; and
2782 (e) student tuition and fees.
2783 [
2784
2785 institution.
2786 [
2787 to merging a technical college with another institution of higher education.
2788 [
2789 of Education to apply for, accept, and manage federal appropriations for the establishment and
2790 maintenance of career and technical education.
2791 [
2792 the higher education system is required to complete under this title or by board rule complies
2793 with Title 63G, Chapter 22, State Training and Certification Requirements.
2794 Section 47. Section 53B-1-403 is enacted to read:
2795 53B-1-403. Committees.
2796 (1) The board shall form:
2797 (a) a committee to focus on technical education; and
2798 (b) a committee to focus on academic education.
2799 (2) The board may form committees in addition to the committees described in
2800 Subsection (1).
2801 Section 48. Section 53B-1-404, which is renumbered from Section 53B-1-104 is
2802 renumbered and amended to read:
2803 [
2804 Terms -- Oath -- Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies --
2805 Compensation -- Training.
2806 (1) [
2807 of the state appointed by the governor with the advice and consent of the Senate, as follows:
2808 [
2809 [
2810 [
2811
2812 [
2813
2814 [
2815
2816 [
2817 [
2818 [
2819
2820
2821 [
2822
2823 [
2824
2825
2826 [
2827
2828
2829 [
2830
2831
2832 (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
2833 candidates presented to the governor by a nominating committee; and
2834 (b) two student members appointed as described in Subsection (4).
2835 (2) (a) For an appointment of a member effective July 1, 2020, the governor shall
2836 appoint the member in accordance with Section 53B-1-501.
2837 (b) Unless appointed by the governor as described in Section 53B-1-501, the term of
2838 each individual who is a member of the State Board of Regents on May 12, 2020, expires on
2839 June 30, 2020.
2840 (3) If the governor is not satisfied with a sufficient number of the candidates presented
2841 by the nominating committee to make the required number of appointments, the governor may
2842 request that the committee nominate additional candidates.
2843 (4) (a) For the appointments described in Subsection (1)(b), the governor shall appoint:
2844 (i) one individual who is enrolled in a certificate program at a technical college at the
2845 time of the appointment; and
2846 (ii) one individual who:
2847 (A) is a fully matriculated student enrolled in a degree-granting institution; and
2848 (B) is not serving as a student body president at the time of the nomination.
2849 (b) The governor shall select:
2850 (i) an appointee described in Subsection (4)(a)(i) from among three nominees,
2851 presented to the governor by a committee consisting of eight students, one from each technical
2852 college, each of whom is recognized by the student's technical college; and
2853 (ii) an appointee described in Subsection (4)(a)(ii) from among three nominees
2854 presented to the governor by the student body presidents of degree-granting institutions.
2855 [
2856 [
2857 [
2858 [
2859 [
2860 [
2861 [
2862 [
2863 board and an institution [
2864 [
2865 (6)(a)(ii) and Section 53B-1-501, members shall be appointed to six-year staggered terms,
2866 each of which [
2867 [
2868 appointed to a one-year term.
2869 (b) (i) A member described in Subsection (1)(a) may serve up to two consecutive full
2870 terms.
2871 (ii) The governor may appoint a member described in Subsection (1)(a) to a second
2872 consecutive full term without a recommendation from the nominating committee.
2873 (iii) A member described in Subsection (1)(b) may not serve more than one full term.
2874 (c) (i) The governor may remove a member [
2875 (ii) The governor shall consult with the president of the Senate before removing a
2876 member [
2877 [
2878 entering upon the duties of office.
2879 (b) The oath shall be filed with the Division of Archives and Records Services.
2880 [
2881 who shall serve terms of two years and until their successors are chosen and qualified.
2882 [
2883
2884 (b) The secretary is a full-time employee [
2885 (c) The secretary shall record and maintain a record of all board meetings and perform
2886 other duties as the board directs.
2887 [
2888 council described in Section 53B-1-407.
2889 [
2890
2891 [
2892 convened meeting of the board or the board's executive committee.
2893 [
2894 inconsistent with the constitution or the laws of this state.
2895 (b) The board shall provide for an executive committee in the bylaws that:
2896 (i) has the full authority of the board to act upon routine matters during the interim
2897 between board meetings;
2898 (ii) may not act on nonroutine matters except under extraordinary and emergency
2899 circumstances; and
2900 (iii) shall report to the board at the board's next meeting following an action undertaken
2901 by the executive committee.
2902 [
2903 (b) The board may also meet, in full or executive session, at the request of the chair,
2904 [
2905 [
2906 board's business and consists of [
2907 [
2908 member's full term shall be immediately filled [
2909
2910 section.
2911 (b) An individual appointed under Subsection [
2912 the unexpired term.
2913 (15) (a) (i) Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for
2914 each calendar day that the member attends a board meeting that is the same as the daily salary
2915 for a member of the Legislature described in Section 36-2-3.
2916 (ii) A member may receive a salary for up to 10 calendar days per calendar year.
2917 [
2918
2919 [
2920 [
2921 [
2922 63A-3-107.
2923 (16) The commissioner shall provide to each member:
2924 (a) initial training when the member joins the board; and
2925 (b) ongoing annual training.
2926 Section 49. Section 53B-1-405 is enacted to read:
2927 53B-1-405. Qualifications for board members.
2928 (1) The board shall develop qualifications for the composition of the board to ensure
2929 that combined, the board members have:
2930 (a) a range of experience, including experience in industry;
2931 (b) varied areas of expertise; and
2932 (c) varied geographic representation.
2933 (2) In developing the qualifications, the board shall consider:
2934 (a) expertise in:
2935 (i) business or industry;
2936 (ii) technical education;
2937 (iii) general education; and
2938 (iv) advanced education and research;
2939 (b) geographic representation; and
2940 (c) knowledge or experience in a field including:
2941 (i) finance;
2942 (ii) accounting or auditing;
2943 (iii) law;
2944 (iv) facilities or real estate;
2945 (v) educational delivery models;
2946 (vi) workforce development;
2947 (vii) economic development;
2948 (viii) kindergarten through grade 12 education; and
2949 (ix) educational quality assessment.
2950 (3) The board shall consult with the governor to develop the qualifications described in
2951 this section.
2952 Section 50. Section 53B-1-406 is enacted to read:
2953 53B-1-406. Nominating committee.
2954 (1) Except as provided in Subsection (1)(b), a nominating committee shall be formed
2955 to begin service:
2956 (a) by January 1, 2022; and
2957 (b) on January 1 of each even number year thereafter.
2958 (2) (a) A nominating committee shall include:
2959 (i) subject to Subsection (2)(b), one individual appointed by the president of the
2960 Senate;
2961 (ii) subject to Subsection (2)(b), one individual appointed by the speaker of the House
2962 of Representatives; and
2963 (iii) five individuals appointed by the governor, including:
2964 (A) one individual who is a member of the board of trustees of a degree-granting
2965 institution;
2966 (B) one individual who is a member of a technical college board of trustees; and
2967 (C) three additional individuals.
2968 (b) An individual appointed under Subsection (2)(a)(i) or (ii) may not be serving as a
2969 legislator at the time of appointment.
2970 (3) (a) Except as provided in Subsection (3)(b), a nominating committee member is
2971 appointed to a two-year term.
2972 (b) If a nominating committee is formed due to a vacancy on the board occurring
2973 before January 1, 2022, each nominating committee member shall be appointed to a term that
2974 expires on December 31, 2023.
2975 (4) (a) The nominating committee shall elect one member to serve as the chair of the
2976 nominating committee.
2977 (b) The chair, or another nominating committee member designated by the chair, shall
2978 schedule and convene all nominating committee meetings.
2979 (c) (i) Four members of the nominating committee constitute a quorom.
2980 (ii) The action of a majority of a quorum constitutes the action of the nominating
2981 committee.
2982 (5) The nominating committee shall submit to the governor at least three candidates for
2983 each open position on the board.
2984 (6) The nominating committee shall identify a candidate for the board based on the
2985 qualifications described in Section 53B-1-405.
2986 (7) The nominating committee shall nominate individuals to the governor on a
2987 nonpartisan basis.
2988 (8) A nominating committee member may not receive compensation or benefits for the
2989 member's service, but may receive per diem and travel expenses in accordance with:
2990 (a) Section 63A-3-106;
2991 (b) Section 63A-3-107; and
2992 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2993 63A-3-107.
2994 (9) The commissioner shall provide staff support to the nominating committee.
2995 Section 51. Section 53B-1-407 is enacted to read:
2996 53B-1-407. Industry advisory council.
2997 (1) The board shall establish an industry advisory council.
2998 (2) The board shall ensure that the industry advisory council includes representation
2999 from:
3000 (a) employers;
3001 (b) kindergarten through grade 12 representatives;
3002 (c) degree-granting institution faculty; and
3003 (d) technical college faculty.
3004 (3) The industry advisory council shall inform:
3005 (a) the committee for technical education;
3006 (b) the committee for academic education; and
3007 (c) the State Board of Education.
3008 Section 52. Section 53B-1-408, which is renumbered from Section 53B-1-105 is
3009 renumbered and amended to read:
3010 [
3011 education -- Qualifications -- Associate commissioners -- Duties.
3012 (1) (a) [
3013 governor and with the advice and consent of the Senate [
3014
3015 board's pleasure as [
3016 (b) The commissioner may be terminated by:
3017 (i) the board; or
3018 (ii) the governor, after consultation with the board.
3019 (c) The board shall:
3020 (i) set the salary of the commissioner;
3021 (ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
3022 and
3023 (iii) select a commissioner on the basis of outstanding professional qualifications.
3024 (2) (a) The commissioner shall appoint, subject to approval by the board:
3025 (i) an associate commissioner for academic education; and
3026 (ii) an associate commissioner for technical education.
3027 (b) (i) The commissioner may appoint associate commissioners in addition to the
3028 associate commissioners described in Subsection (2)(a).
3029 (ii) An association commissioner described in Subsection (2)(b)(i) is not subject to the
3030 approval of the board.
3031 [
3032 (a) ensure that the policies [
3033 are properly executed;
3034 (b) furnish information about the [
3035 recommendations regarding that information to the board;
3036 (c) provide state-level leadership in any activity affecting an institution [
3037
3038 (d) perform other duties assigned by the board in carrying out [
3039 and responsibilities.
3040 Section 53. Section 53B-1-409 is enacted to read:
3041 53B-1-409. Appointment and hiring of staff.
3042 (1) The commissioner may appoint and hire a staff of professional, legal, and
3043 administrative personnel.
3044 (2) The commissioner shall determine salaries, retirement provisions, and other
3045 benefits for the staff described in this section.
3046 Section 54. Section 53B-1-410 is enacted to read:
3047 53B-1-410. Utah Board of Higher Education successor to rights and duties.
3048 (1) The board is the successor to the Utah System of Technical Colleges Board of
3049 Trustees.
3050 (2) For the Utah System of Technical Colleges Board of Trustees, the board:
3051 (a) is vested with all rights, titles, privileges, powers, obligations, liabilities,
3052 immunities, franchises, endowments, assets, property, and claims;
3053 (b) shall fulfill and perform all obligations, including obligations relating to
3054 outstanding bonds and notes; and
3055 (c) may continue an administrative rule.
3056 Section 55. Section 53B-1-501 is enacted to read:
3057
3058 53B-1-501. Establishment of initial board membership.
3059 (1) (a) The governor shall appoint, with the advice and consent of the Senate,
3060 individuals to the board, to ensure that beginning July 1, 2020, the board consists of 18
3061 members, including:
3062 (i) at least six individuals who were members of the State Board of Regents on May
3063 12, 2020;
3064 (ii) at least six individuals who were members of the Utah System of Technical
3065 Colleges Board of Trustees on May 12, 2020; and
3066 (iii) two student members appointed to the board in accordance with Section
3067 53B-1-404.
3068 (b) Before making an appointment described in Subsection (1)(a), the governor shall
3069 consult:
3070 (i) for an appointment described in Subsection (1)(a)(i), with State Board of Regents
3071 leadership; and
3072 (ii) for an appointment described in Subsection (1)(a)(ii), with Utah System of
3073 Technical Colleges Board of Trustees leadership.
3074 (2) (a) Except for an appointment described in Subsection (1)(a)(iii), the governor shall
3075 appoint an individual to a two-year, four-year, or six-year term to ensure that one-third of the
3076 members complete the members' terms on June 30 of each even number year.
3077 (b) The governor may appoint an individual described in Subsection (1)(a) to a second
3078 term without the individual being considered by the nominating committee described in
3079 Section 53B-1-406 if, at the time of the individual's initial appointment to the board, the
3080 individual:
3081 (i) is serving the individual's first full term on the State Board of Regents or the Utah
3082 System of Technical Colleges Board of Trustees; or
3083 (ii) is not a member of the State Board of Regents or the Utah System of Technical
3084 Colleges Board of Trustees.
3085 (c) An appointment described in Subsection (2)(b) is for a six-year term.
3086 (3) Following the appointments described in this section, a vacancy on the board shall
3087 be filled in accordance with Section 53B-1-404.
3088 Section 56. Section 53B-1-502 is enacted to read:
3089 53B-1-502. Transition of Utah System of Technical Colleges to Utah Board of
3090 Higher Education -- Recommendations.
3091 (1) Beginning July 1, 2020, the board shall assume all statutory and administrative
3092 requirements that were requirements on the Utah System of Technical Colleges Board of
3093 Trustees on June 30, 2020.
3094 (2) (a) Beginning July 1, 2020, an individual who was an employee of the Utah System
3095 of Technical Colleges on June 30, 2020, is an employee of the Utah Board of Higher
3096 Education.
3097 (b) Subsection (2)(a) does not apply to:
3098 (i) a technical college employee; or
3099 (ii) a technical college president.
3100 (3) The board shall review statutory and administrative requirements on the board,
3101 including requirements related to academic education and technical education, and may
3102 recommend amendments.
3103 (4) On or before November 1, 2020, the board shall report on any recommendations
3104 described in Subsection (3) to the Higher Education Strategic Planning Commission.
3105 Section 57. Section 53B-1-503 is enacted to read:
3106 53B-1-503. Commissioner beginning July 1, 2020.
3107 (1) An individual serving as commissioner before July 1, 2020, may not continue to
3108 serve as commissioner after August 1, 2020, unless the board appoints the individual:
3109 (a) in accordance with Section 53B-1-408; or
3110 (b) as an interim commissioner.
3111 (2) The State Board of Regents and the Utah System of Technical Colleges Board of
3112 Trustees:
3113 (a) shall jointly:
3114 (i) develop and post a job description for the commissioner; and
3115 (ii) recruit candidates for the commissioner; and
3116 (b) may provide one or more candidates identified under Subsection (2)(a) for the
3117 position of commissioner to the Utah Board of Higher Education.
3118 Section 58. Section 53B-2-102 is amended to read:
3119 53B-2-102. Board to appoint president for each institution.
3120 (1) As used in this section:
3121 (a) "Institution of higher education" means [
3122
3123 institution.
3124 (b) "President" means the president of an institution of higher education.
3125 [
3126 an institution of higher education president.
3127 (2) The board shall appoint a president for each institution of higher education.
3128 (3) An institution of higher education president serves at the pleasure of the board.
3129 (4) (a) (i) [
3130 higher education president, the board shall establish a search committee that includes
3131 representatives of faculty, staff, students, the institution of higher education board of trustees,
3132 alumni, the outgoing institution of higher education president's executive council or cabinet,
3133 and the board.
3134 (ii) The board may delegate the authority to appoint the search committee described in
3135 Subsection (4)(a)(i) to an institution of higher education board of trustees.
3136 (iii) The commissioner shall provide staff support to a search committee.
3137 (b) (i) [
3138 cochaired by a member of the board and a member of the institution of higher education board
3139 of trustees.
3140 (ii) The board may delegate the authority to chair a search committee to the institution
3141 of higher education board trustees.
3142 (c) A search committee described in Subsection (4)(a) shall forward three to five
3143 finalists to the board to consider for a position as an institution of higher education president.
3144 (d) A search committee may not forward an individual to the board as a finalist unless
3145 two-thirds of the search committee members, as verified by the commissioner, find the
3146 individual to be qualified and likely to succeed as an institution of higher education president.
3147 (5) (a) The board shall select an institution of higher education president from among
3148 the finalists presented by a search committee.
3149 (b) If the board is not satisfied with the finalists forwarded by a search committee, the
3150 board may direct the search committee to resume the search process until the search committee
3151 has forwarded three finalists with whom the board is satisfied.
3152 (6) The board, through the commissioner, shall create a comprehensive, active
3153 recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
3154 education presidents.
3155 (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
3156 generated during the search process, including a candidate's application and the search
3157 committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
3158 (b) Application materials for a publicly named finalist described in Subsection (5)(a)
3159 are not protected records under Section 63G-2-305.
3160 Section 59. Section 53B-2-103 is amended to read:
3161 53B-2-103. Boards of trustees for a degree-granting institution -- Powers and
3162 duties.
3163 (1) [
3164 trustees that may act on behalf of the [
3165 responsibilities, and functions as may be specifically authorized to the board of trustees by the
3166 [
3167 (2) A board of trustees of a degree-granting institution has the following powers and
3168 duties:
3169 (a) to facilitate communication between the institution and the community;
3170 (b) to assist in planning, implementing, and executing fund raising and development
3171 projects aimed at supplementing institutional appropriations;
3172 (c) to perpetuate and strengthen alumni and community identification with the [
3173
3174 (d) to select recipients of honorary degrees; and
3175 (e) to approve changes to the [
3176 institution's programs, in accordance with Section 53B-16-102.
3177 (3) A board of trustees of a degree-granting institution shall:
3178 (a) approve a strategic plan for the institution of higher education that is aligned with:
3179 (i) state attainment goals;
3180 (ii) workforce needs; and
3181 (iii) the institution of higher education's role, mission, and distinctiveness; and
3182 (b) monitor the institution of higher education's progress toward achieving the strategic
3183 plan.
3184 Section 60. Section 53B-2-104 is amended to read:
3185 53B-2-104. Board of trustees for a degree-granting institution -- Membership --
3186 Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
3187 Compensation.
3188 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
3189 higher education consists of the following:
3190 (i) except as provided in Subsection (1)(c), eight individuals appointed by the governor
3191 with the advice and consent of the Senate; and
3192 (ii) two ex officio members who are the president of the institution's alumni
3193 association, and the president of the associated students of the institution.
3194 (b) The appointed members of the boards of trustees for Utah Valley University and
3195 Salt Lake Community College shall be representative of the interests of business, industry, and
3196 labor.
3197 (c) (i) The board of trustees of Utah State University has nine individuals appointed by
3198 the governor with the advice and consent of the Senate.
3199 (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the
3200 Utah State University Eastern service region or the Utah State University Blanding service
3201 region.
3202 (2) (a) The governor shall appoint four members of each board of trustees during each
3203 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
3204 (b) Except as provided in Subsection (2)(d), a member appointed under Subsection
3205 (1)(a)(i) or (1)(c)(i) holds office until a successor is appointed and qualified.
3206 (c) The ex officio members serve for the same period as they serve as presidents and
3207 until their successors have qualified.
3208 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) or
3209 (1)(c)(i) for cause.
3210 (ii) The governor shall consult with the president of the Senate before removing a
3211 member appointed under Subsection (1)(a)(i) or (1)(c)(i).
3212 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
3213 replacement shall be appointed for the unexpired term.
3214 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
3215 assuming the office.
3216 (b) The oath shall be filed with the Division of Archives and Records Services.
3217 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
3218 until their successors are elected and qualified.
3219 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
3220 including provisions for regular meetings.
3221 (b) (i) A board of trustees may provide for an executive committee in the board of
3222 trustees' bylaws.
3223 (ii) If established, an executive committee shall have full authority of the board of
3224 trustees to act upon routine matters during the interim between board of trustees meetings.
3225 (iii) An executive committee may act on nonroutine matters only under extraordinary
3226 and emergency circumstances.
3227 (iv) An executive committee shall report the executive committee's activities to the
3228 board of trustees at the board of trustees' next regular meeting following the action.
3229 (c) Copies of a board of trustees' bylaws shall be filed with the board.
3230 (7) A quorum is required to conduct business and consists of six members.
3231 (8) A board of trustees may establish advisory committees.
3232 (9) A member may not receive compensation or benefits for the member's service, but
3233 may receive per diem and travel expenses in accordance with:
3234 (a) Section 63A-3-106;
3235 (b) Section 63A-3-107; and
3236 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3237 63A-3-107.
3238 (10) This section does not apply to a technical college board of [
3239 described in Section 53B-2a-108.
3240 Section 61. Section 53B-2-106 is amended to read:
3241 53B-2-106. Duties and responsibilities of the president of an institution of higher
3242 education -- Approval by board of trustees -- Applicability to a technical college
3243 president.
3244 (1) (a) Except as provided in Subsection [
3245 higher education described in Section 53B-2-101 may exercise grants of power and authority as
3246 delegated by the board, as well as the necessary and proper exercise of powers and authority
3247 not specifically denied to the institution of higher education or the institution of higher
3248 education's administration, faculty, or students by the board or by law, to ensure the effective
3249 and efficient administration and operation of the institution of higher education consistent with
3250 the statewide master plan for higher education.
3251 (b) The president of each institution of higher education may, after consultation with
3252 the institution of higher education's board of trustees, exercise powers relating to the institution
3253 of higher education's employees, including faculty and persons under contract with the
3254 institution of higher education, by implementing:
3255 (i) furloughs;
3256 (ii) reductions in force;
3257 (iii) benefit adjustments;
3258 (iv) program reductions or discontinuance;
3259 (v) early retirement incentives that provide cost savings to the institution of higher
3260 education; or
3261 (vi) other measures that provide cost savings to the institution of higher education.
3262 (2) Except as provided by the board, the president of each institution of higher
3263 education, with the approval of the institution of higher education's board of trustees, may:
3264 (a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members,
3265 and other professional personnel, prescribe their duties, and determine their salaries;
3266 (ii) appoint support personnel, prescribe their duties, and determine their salaries from
3267 the institution of higher education's position classification plan, which may:
3268 (A) be based upon similarity of duties and responsibilities within the institution of
3269 higher education; and
3270 (B) as funds permit, provide salary and benefits comparable with private enterprise;
3271 (iii) adopt policies for:
3272 (A) employee sick leave use and accrual; and
3273 (B) service recognition for employees with more than 15 years of employment with the
3274 institution of higher education; and
3275 (iv) subject to the authority of, the policy established by, and the approval of the board,
3276 and recognizing the status of the institutions within the state system of higher education as
3277 bodies politic and corporate, appoint attorneys to provide legal advice to the institution of
3278 higher education's administration and to coordinate legal affairs within the institution of higher
3279 education. The board shall coordinate activities of attorneys at the institutions of higher
3280 education. The institutions of higher education shall provide an annual report to the board on
3281 the activities of appointed attorneys. These appointed attorneys may not conduct litigation,
3282 settle claims covered by the State Risk Management Fund, or issue formal legal opinions, but
3283 shall, in all respects, cooperate with the Office of the Attorney General in providing legal
3284 representation to the institution of higher education;
3285 (b) provide for the constitution, government, and organization of the faculty and
3286 administration, and enact implementing rules, including the establishment of a prescribed
3287 system of tenure;
3288 (c) authorize the faculty to determine the general initiation and direction of instruction
3289 and of the examination, admission, and classification of students. In recognition of the diverse
3290 nature and traditions of the various institutions governed by the board, the systems of faculty
3291 government need not be identical but should be designed to further faculty identification with
3292 and involvement in the institution's pursuit of achievement and excellence and in fulfillment of
3293 the institution's role as established in the statewide master plan for higher education; and
3294 (d) enact rules for administration and operation of the institution which are consistent
3295 with the prescribed role established by the board, rules enacted by the board, or the laws of the
3296 state. The rules may provide for administrative, faculty, student, and joint committees with
3297 jurisdiction over specified institutional matters, for student government and student affairs
3298 organization, for the establishment of institutional standards in furtherance of the ideals of
3299 higher education fostered and subscribed to by the institution of higher education, the
3300 institution of higher education's administration, faculty, and students, and for the holding of
3301 classes on legal holidays, other than Sunday.
3302 (3) An institution of higher education president shall manage the president's institution
3303 as a part of the Utah system of higher education.
3304 [
3305 be funded within existing budgets.
3306 [
3307 roles and relationships between institutional presidents and boards of trustees, including those
3308 matters which must be approved by a board of trustees before implementation by the president.
3309 [
3310 Section 62. Section 53B-2a-100.5 is amended to read:
3311
3312 53B-2a-100.5. Title.
3313 This chapter is known as "[
3314 Section 63. Section 53B-2a-101 is amended to read:
3315 53B-2a-101. Definitions.
3316 As used in this chapter:
3317 [
3318 [
3319 63A-5-104.
3320 [
3321
3322 [
3323 demonstrated through business and industry approved standards and assessments, achieved
3324 through participation in a hands-on learning environment, and which is tied to observable,
3325 measurable performance objectives.
3326 [
3327 from the Technical Colleges Capital Projects Fund created in Section 53B-2a-118 are requested
3328 or used.
3329 [
3330 funds from a source other than the Technical Colleges Capital Projects Fund created in Section
3331 53B-2a-118 are requested or used.
3332 [
3333 (a) a method of instructional delivery that allows for flexible scheduling in response to
3334 individual student needs or requirements and demonstrated competency when knowledge and
3335 skills have been mastered;
3336 (b) students have the flexibility to begin or end study at any time, progress through
3337 course material at their own pace, and demonstrate competency when knowledge and skills
3338 have been mastered; and
3339 (c) if competency is demonstrated in a program of study, a credential, certificate, or
3340 diploma may be awarded.
3341 [
3342 [
3343
3344 Section 64. Section 53B-2a-104 is amended to read:
3345 53B-2a-104. Utah System of Technical Colleges Board of Trustees powers and
3346 duties.
3347 (1) [
3348 Technical Colleges Board of Trustees is vested with the control, management, and supervision
3349 of technical colleges in a manner consistent with the policy and purpose of this title and the
3350 specific powers and responsibilities granted to the board of trustees.
3351 (2) Beginning on July 1, 2020:
3352 (a) the Utah System of Technical Colleges Board of Trustees no longer has duties or
3353 authorities; and
3354 (b) in accordance with Title 53B, Chapter 1, Part 5, Transition to Utah Board of Higher
3355 Education, the Utah Board of Higher Education assumes all statutory powers, duties,
3356 authorities, and budgetary authority of the Utah System of Technical Colleges Board of
3357 Trustees.
3358 [
3359 [
3360
3361 [
3362
3363 [
3364
3365
3366 [
3367
3368 [
3369
3370
3371 [
3372
3373 [
3374 [
3375 [
3376
3377
3378 [
3379 [
3380
3381
3382
3383 [
3384 [
3385 [
3386
3387
3388
3389 [
3390
3391 [
3392
3393 [
3394 [
3395 [
3396 [
3397 [
3398
3399
3400 [
3401
3402
3403 Section 65. Section 53B-2a-105 is amended to read:
3404 53B-2a-105. Technical colleges.
3405 [
3406 (1) Bridgerland Technical College, which serves the geographic area encompassing:
3407 (a) the Box Elder School District;
3408 (b) the Cache School District;
3409 (c) the Logan School District; and
3410 (d) the Rich School District;
3411 (2) Ogden-Weber Technical College, which serves the geographic area encompassing:
3412 (a) the Ogden City School District; and
3413 (b) the Weber School District;
3414 (3) Davis Technical College, which serves the geographic area encompassing:
3415 (a) the Davis School District; and
3416 (b) the Morgan School District;
3417 (4) Tooele Technical College, which serves the geographic area encompassing the
3418 Tooele County School District;
3419 (5) Mountainland Technical College, which serves the geographic area encompassing:
3420 (a) the Alpine School District;
3421 (b) the Nebo School District;
3422 (c) the Provo School District;
3423 (d) the South Summit School District;
3424 (e) the North Summit School District;
3425 (f) the Wasatch School District; and
3426 (g) the Park City School District;
3427 (6) Uintah Basin Technical College, which serves the geographic area encompassing:
3428 (a) the Daggett School District;
3429 (b) the Duchesne School District; and
3430 (c) the Uintah School District;
3431 (7) Southwest Technical College, which serves the geographic area encompassing:
3432 (a) the Beaver School District;
3433 (b) the Garfield School District;
3434 (c) the Iron School District; and
3435 (d) the Kane School District; and
3436 (8) Dixie Technical College, which serves the geographic area encompassing the
3437 Washington School District.
3438 Section 66. Section 53B-2a-106 is amended to read:
3439 53B-2a-106. Technical colleges -- Duties.
3440 (1) Each technical college shall, within the geographic area served by the technical
3441 college:
3442 (a) offer [
3443 [
3444 (b) offer [
3445 (i) low cost to adult students, as approved by the board [
3446 (ii) no tuition to secondary students;
3447 [
3448 [
3449
3450 [
3451
3452 [
3453 higher education institutions, businesses, industries, and community and private agencies to
3454 maximize the availability of instructional facilities within the geographic area served by the
3455 technical college; and
3456 [
3457 area served by the technical college:
3458 (i) ensure that secondary students in the public education system have access to [
3459
3460 (ii) prepare and submit an annual report to the board [
3461 (A) how the [
3462 region are being met;
3463 (B) what access secondary students within the region have to programs offered at the
3464 technical college;
3465 (C) how the [
3466 skill jobs in business and industry [
3467 (D) student tuition and fees.
3468 (2) A technical college may offer:
3469 (a) a competency-based high school diploma approved by the State Board of Education
3470 in accordance with Section 53E-3-501;
3471 (b) [
3472 mathematics that are necessary for student success in a chosen [
3473 or job-related program;
3474 (c) [
3475 and courses are financially self-supporting; and
3476 (d) secondary school level courses through the Statewide Online Education Program in
3477 accordance with Section 53F-4-504.
3478 (3) Except as provided in Subsection (2)(d), a technical college may not:
3479 (a) offer courses other than [
3480 [
3481 (b) offer a degree;
3482 (c) offer [
3483 area served by the technical college without a cooperative agreement between an affected
3484 institution of higher education, except as provided in Subsection [
3485 (d) provide tenure or academic rank for its instructors; or
3486 (e) participate in intercollegiate athletics.
3487 (4) The mission of a technical college is limited to [
3488 education and may not expand to include [
3489
3490 [
3491
3492
3493 [
3494 instruction outside the geographic area served by the technical college without a cooperative
3495 agreement, as required in Subsection (3)(c), if:
3496 (i) the [
3497 (A) an employer; or
3498 (B) a craft, trade, or apprenticeship program;
3499 (ii) the technical college notifies the affected institution about the request; and
3500 (iii) the affected institution is given an opportunity to make a proposal, prior to any
3501 contract being finalized or training being initiated by the technical college, to the employer,
3502 craft, trade, or apprenticeship program about offering the requested [
3503 education or basic instruction, provided that the proposal shall be presented no later than one
3504 business week from the delivery of the notice described under Subsection [
3505 (b) The requirements under Subsection [
3506 training relationship.
3507 Section 67. Section 53B-2a-107 is amended to read:
3508 53B-2a-107. Technical college presidents -- Appointments -- Duties.
3509 (1) (a) The board [
3510 (b) The board [
3511 president that:
3512 (i) requires the board [
3513 of trustees to create, a search committee that:
3514 (A) includes [
3515 many members from the technical college board of [
3516 board; and
3517 (B) may include technical college faculty, students, or other individuals;
3518 (ii) requires the search committee to seek nominations, interview candidates, and
3519 forward qualified candidates to the board [
3520 (iii) provides for at least two members of the technical college board of [
3521 trustees to participate in [
3522 (iv) provides for the board [
3523 in a meeting that complies with Title 52, Chapter 4, Open and Public Meetings Act[
3524 (v) provides for the commissioner to provide staff support for a search committee.
3525 (c) (i) Except as provided in Subsection (1)(c)(ii), a record or information gathered or
3526 generated during the search process for a technical college president, including a candidate's
3527 application and the search committee's deliberations, is confidential and is a protected record
3528 under Section 63G-2-305.
3529 (ii) Application materials for a publicly named finalist are not protected records under
3530 Section 63G-2-305.
3531 (2) (a) A technical college president shall serve as the chief executive officer of the
3532 technical college.
3533 (b) A technical college president does not need to have a doctorate degree, but shall
3534 have extensive experience in career and technical education.
3535 (c) A technical college president is subject to regular review and evaluation
3536 administered by the board [
3537 [
3538 (d) A technical college president serves at the pleasure of the board [
3539 (e) The board [
3540 trustees, shall set the compensation for the technical college president using market survey
3541 information.
3542 (3) A technical college president shall:
3543 (a) serve as the executive officer of the technical college board of [
3544 (b) administer the day-to-day operations of the technical college;
3545 (c) consult with the technical college board of [
3546 (d) administer human resource policies and employee compensation plans in
3547 accordance with the requirements of the board [
3548 (e) manage the technical college president's institution as part of the Utah system of
3549 higher education.
3550 Section 68. Section 53B-2a-108 is amended to read:
3551 53B-2a-108. Technical college boards of trustees -- Membership -- Appointments.
3552 (1) As used in this section:
3553 (a) "Higher education institution" means the same as that term is defined in Section
3554 53B-2a-112.
3555 (b) "Technical college service area" means the geographic area served by each
3556 technical college as described in Section 53B-2a-105.
3557 (2) A technical college board of [
3558 (a) one member of the local school board for each school district in the technical
3559 college service area, appointed by the local school board to which the member belongs;
3560 (b) except as provided in Subsection (3)(b), one individual who is a member of the
3561 higher education institution board of trustees, appointed by the higher education institution
3562 board of trustees; and
3563 (c) a number of individuals, appointed by the governor with the advice and consent of
3564 the Senate, that is:
3565 (i) seven for:
3566 (A) Tooele Technical College;
3567 (B) Uintah Basin Technical College; and
3568 (C) Dixie Technical College;
3569 (ii) eight for:
3570 (A) Bridgerland Technical College;
3571 (B) Ogden-Weber Technical College;
3572 (C) Davis Technical College; and
3573 (D) Southwest Technical College; or
3574 (iii) nine for Mountainland Technical College.
3575 (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
3576 appoint individuals who represent the interests of business, industry, or labor in the technical
3577 college service area.
3578 (b) If no member of the institution of higher education board of trustees lives within
3579 the technical college service area, the institution of higher education board of trustees may
3580 nominate an individual to be appointed by the governor with the advice and consent of the
3581 Senate instead of appointing a member described in Subsection (2)(b).
3582 (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
3583 (3)(b) for cause.
3584 (b) The governor shall consult with the president of the Senate before removing a
3585 member appointed under Subsection (2)(c) or (3)(b).
3586 (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
3587 technical college board of [
3588 on the technical college board of [
3589 term, even if the total number of members on the technical college board of [
3590 exceeds the number of members for the technical college board of [
3591 in Subsection (2).
3592 (b) Notwithstanding Subsection (2), the governor may only make an appointment
3593 described in Subsection (2)(c) if the number of members on the technical college board of
3594 [
3595 members for the technical college board of [
3596 Section 69. Section 53B-2a-109 is amended to read:
3597 53B-2a-109. Technical college boards of trustees -- Terms -- Quorum -- Chair --
3598 Compensation.
3599 (1) (a) Except as provided in this Subsection (1), a member of a technical college board
3600 of [
3601 (b) The governor may appoint a member described in Subsection 53B-2a-108(2)(c) to a
3602 two-year term to ensure that the terms of approximately half of the members described in
3603 Subsection 53B-2a-108(2)(c) expire every other year.
3604 (c) When a vacancy occurs in the membership of a technical college board of
3605 [
3606 53B-2a-108 shall appoint a replacement for the remainder of the term.
3607 (d) An appointed member holds office until a successor is appointed in accordance
3608 with Section 53B-2a-108.
3609 (2) A member of a technical college board of [
3610 for more than two consecutive full terms.
3611 (3) A majority of a technical college board of [
3612 (4) A technical college board of [
3613 college board of [
3614 (5) A member of a technical college board of [
3615 compensation or benefits for the member of the technical college board of [
3616 service, but may receive per diem and travel expenses in accordance with:
3617 (a) Section 63A-3-106;
3618 (b) Section 63A-3-107; and
3619 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3620 63A-3-107.
3621 (6) (a) A technical college board of [
3622 technical college board of [
3623 regular meetings, that are in accordance with the policies of the board [
3624 (b) (i) A technical college board of [
3625 committee in the technical college board of [
3626 (ii) If established, an executive committee shall have the full authority of the technical
3627 college board of [
3628 board of [
3629 (iii) An executive committee may act on nonroutine matters only under extraordinary
3630 and emergency circumstances.
3631 (iv) An executive committee shall report the executive committee's activities to the
3632 technical college board of [
3633 trustees' next regular meeting following the activities.
3634 (7) A technical college board of [
3635 Section 70. Section 53B-2a-110 is amended to read:
3636 53B-2a-110. Technical college board of trustees' powers and duties.
3637 (1) A technical college board of [
3638 (a) assist the technical college president in preparing a budget request for the technical
3639 college's annual operations to the board [
3640 (b) after consulting with the board [
3641 school districts, and charter schools within the technical college's region, prepare a
3642 comprehensive strategic plan for delivering [
3643 (c) consult with business, industry, the Department of Workforce Services, the
3644 Governor's Office of Economic Development, and the Governor's Office of Management and
3645 Budget on an ongoing basis to determine what workers and skills are needed for employment
3646 in Utah businesses and industries;
3647 (d) in accordance with Section 53B-16-102, develop programs based upon the
3648 information [
3649 program approval and termination procedures to meet market needs;
3650 (e) adopt an annual budget and fund balances;
3651 (f) develop policies for the operation of [
3652 the technical college board of [
3653 (g) establish human resources and compensation policies for all employees in
3654 accordance with policies of the board [
3655 (h) approve credentials for employees and assign employees to duties in accordance
3656 with board [
3657 (i) conduct annual program evaluations;
3658 (j) appoint program advisory committees and other advisory groups to provide counsel,
3659 support, and recommendations for updating and improving the effectiveness of training
3660 programs and services;
3661 (k) approve regulations, both regular and emergency, to be issued and executed by the
3662 technical college president;
3663 (l) coordinate with local school boards, school districts, and charter schools to meet the
3664 [
3665 (m) develop policies and procedures for the admission, classification, instruction, and
3666 examination of students in accordance with the policies and accreditation guidelines of the
3667 board [
3668 (n) (i) approve a strategic plan for the technical college that is aligned with:
3669 (A) state attainment goals;
3670 (B) workforce needs; and
3671 (C) the technical college's role, mission, and distinctiveness; and
3672 (ii) monitor the technical college's progress toward achieving the strategic plan.
3673 (2) A policy described in Subsection (1)(g) does not apply to compensation for a
3674 technical college president.
3675 (3) A technical college board of [
3676 career and technical education provided by a school district or charter school or provided by a
3677 higher education institution independently of the technical college.
3678 (4) If a program advisory committee or other advisory group submits a printed
3679 recommendation to a technical college board of [
3680 of [
3681 explains the technical college board of [
3682 recommendation and the reasons for the action.
3683 Section 71. Section 53B-2a-112 is amended to read:
3684 53B-2a-112. Technical colleges -- Relationships with other public and higher
3685 education institutions -- Agreements -- Priorities -- New capital facilities.
3686 (1) As used in this section, "higher education institution" means:
3687 (a) Utah State University for:
3688 (i) Bridgerland Technical College;
3689 (ii) Tooele Technical College; and
3690 (iii) Uintah Basin Technical College;
3691 (b) Weber State University for:
3692 (i) Ogden-Weber Technical College; and
3693 (ii) Davis Technical College;
3694 (c) Utah Valley University for Mountainland Technical College;
3695 (d) Southern Utah University for Southwest Technical College; and
3696 (e) Dixie State University for Dixie Technical College.
3697 [
3698
3699
3700 [
3701 (a) with other higher education institutions to cultivate cooperative relationships; or
3702 (b) with other public and higher education institutions to enhance career and technical
3703 education within the technical college's region[
3704 [
3705 [
3706 college shall give priority to:
3707 (a) maintaining the technical college's existing instructional facilities for both
3708 secondary and adult students;
3709 (b) coordinating with the president of the technical college's higher education
3710 institution and entering into any necessary agreements to provide career and technical
3711 education to secondary and adult students that:
3712 (i) maintain and support existing higher education career and technical education
3713 programs; and
3714 (ii) maximize the use of existing higher education facilities; and
3715 (c) developing cooperative agreements with school districts, charter schools, other
3716 higher education institutions, businesses, industries, and community and private agencies to
3717 maximize the availability of career and technical education instructional facilities for both
3718 secondary and adult students.
3719 [
3720 land purchases to the board [
3721 (i) ensure that all available instructional facilities are maximized in accordance with
3722 Subsections [
3723 (ii) coordinate the request with the president of the technical college's higher education
3724 institution, if applicable.
3725 (b) The State Building Board shall make a finding that the requirements of this section
3726 are met before the State Building Board may consider a funding request from the board [
3727
3728 (c) A technical college may not construct, approve the construction of, plan for the
3729 design or construction of, or consent to the construction of a career and technical education
3730 facility without approval of the Legislature.
3731 [
3732 college shall:
3733 (a) review the use of existing public or higher education administrative and accounting
3734 systems, financial record systems, and student and financial aid systems for the delivery of
3735 career and technical education in the region;
3736 (b) determine the feasibility of using existing systems; and
3737 (c) with the approval of the technical college board of [
3738 [
3739 Section 72. Section 53B-2a-113 is amended to read:
3740 53B-2a-113. Technical colleges -- Leasing authority -- Lease-purchase agreements
3741 -- Report.
3742 (1) [
3743 into a lease with other higher education institutions, school districts, charter schools, state
3744 agencies, or business and industry for a term of:
3745 (a) one year or less with the approval of the technical college board of [
3746 trustees; or
3747 (b) more than one year with the approval of the board [
3748 (i) [
3749 prior to a technical college entering into the lease; or
3750 (ii) the lease agreement includes language that allows termination of the lease without
3751 penalty.
3752 (2) (a) [
3753 into a lease-purchase agreement if:
3754 (i) there is a long-term benefit to the state;
3755 (ii) the project is included in [
3756 master plan;
3757 (iii) the lease-purchase agreement includes language that allows termination of the
3758 lease;
3759 (iv) the lease-purchase agreement is approved by the technical college board of
3760 [
3761 (v) the lease-purchase agreement is:
3762 (A) reviewed by the Division of Facilities Construction and Management;
3763 (B) reviewed by the State Building Board; and
3764 (C) approved by the Legislature.
3765 (b) An approval under Subsection (2)(a) shall include a recognition of:
3766 (i) all parties, dates, and elements of the agreement;
3767 (ii) the equity or collateral component that creates the benefit; and
3768 (iii) the options dealing with the sale and division of equity.
3769 (3) (a) Each technical college shall provide an annual lease report to the board [
3770
3771 footage, and recommendations for lease continuation.
3772 (b) The board [
3773 report for all technical colleges to the Division of Facilities Construction and Management and
3774 to others upon request.
3775 (4) The board [
3776 planning, utilization, and budget requests.
3777 Section 73. Section 53B-2a-114 is amended to read:
3778 53B-2a-114. Educational program on the use of information technology.
3779 (1) [
3780 program on the use of information technology as provided in this section.
3781 (2) An educational program on the use of information technology shall:
3782 (a) provide instruction on skills and competencies essential for the workplace and
3783 requested by employers;
3784 (b) include the following components:
3785 (i) a curriculum;
3786 (ii) online access to the curriculum;
3787 (iii) instructional software for classroom and student use;
3788 (iv) certification of skills and competencies most frequently requested by employers;
3789 (v) professional development for faculty; and
3790 (vi) deployment and program support, including integration with existing curriculum
3791 standards; and
3792 (c) be made available to students, faculty, and staff of technical colleges.
3793 Section 74. Section 53B-2a-115 is amended to read:
3794 53B-2a-115. Utah System of Technical Colleges -- Institutional name changes.
3795 (1) Beginning July 1, 2017:
3796 [
3797
3798 [
3799 Technical College;
3800 [
3801 Technical College;
3802 [
3803 College;
3804 [
3805 College;
3806 [
3807 Technical College;
3808 [
3809 Technical College;
3810 [
3811 Technical College; and
3812 [
3813 (2) (a) As described in Subsection (1), [
3814
3815 continuation of the applied technology college that preceded the technical college.
3816 (b) An institution described in Subsection (1):
3817 (i) possess all rights, title, privileges, powers, immunities, franchises, endowments,
3818 property, and claims of the institution that preceded the institution; and
3819 (ii) shall fulfill and perform all obligations of the institution that preceded the
3820 institution, including obligations relating to outstanding bonds and notes.
3821 Section 75. Section 53B-2a-116 is amended to read:
3822 53B-2a-116. Technical college scholarships.
3823 (1) As used in this section:
3824 (a) "High demand program" means a program designated by the board [
3825 accordance with Subsection (7).
3826 (b) "Institution of higher education" means an institution [
3827
3828 (c) "Membership hour" means 60 minutes of scheduled instruction provided by a
3829 technical college to a student enrolled in the technical college.
3830 (d) "Scholarship" means a technical college scholarship described in this section.
3831 (e) "Technical college service area" means the same as that term is defined in Section
3832 53B-2a-108.
3833 (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
3834 money to the board [
3835 (b) The board [
3836 (i) 50% of the appropriation described in Subsection (2)(a) to each technical college in
3837 an equal amount; and
3838 (ii) 50% of the appropriation described in Subsection (2)(a) to each technical college
3839 based on the technical college's prior year share of secondary student membership hours
3840 completed at all technical colleges.
3841 (3) In accordance with the rules described in Subsection (6), a technical college may
3842 award a scholarship to an individual who:
3843 (a) graduates or will graduate from high school within the 12 months prior to the
3844 individual receiving a scholarship;
3845 (b) is enrolled in, or intends to enroll in, a high demand program; and
3846 (c) while the individual is enrolled in a secondary school, makes satisfactory progress
3847 in a career and technical education pathway offered by:
3848 (i) a technical college;
3849 (ii) an institution of higher education; or
3850 (iii) a school district or charter school.
3851 (4) Subject to Subsection (5), a technical college may award a scholarship for an
3852 amount of money up to the total cost of tuition, program fees, and required textbooks for the
3853 high demand program in which the scholarship recipient is enrolled or intends to enroll.
3854 (5) (a) Except as provided in Subsection (5)(b), a technical college may only apply a
3855 scholarship toward a scholarship recipient's costs described in Subsection (4) from the day on
3856 which the technical college awards the scholarship until 12 months after the day on which the
3857 scholarship recipient graduates from high school.
3858 (b) (i) A technical college may defer a scholarship for up to three years after the day on
3859 which the scholarship recipient graduates from high school.
3860 (ii) A technical college that defers a scholarship may apply the scholarship toward the
3861 scholarship recipient's costs described in Subsection (4) for up to a total of 12 months.
3862 (c) A technical college may cancel a scholarship if the scholarship recipient does not:
3863 (i) maintain enrollment in the technical college on at least a half time basis, as
3864 determined by the technical college; or
3865 (ii) make satisfactory progress toward the completion of a certificate.
3866 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3867 board [
3868 (a) requirements related to a technical college's administration of a scholarship
3869 described in this section;
3870 (b) requirements related to eligibility for a scholarship, including requiring technical
3871 colleges to prioritize scholarships for underserved populations;
3872 (c) a process for an individual to apply to a technical college to receive a scholarship;
3873 and
3874 (d) how to determine satisfactory progress for purposes described in Subsections (3)(c)
3875 and (5)(c)(ii).
3876 (7) Every other year, after consulting with the Department of Workforce Services, the
3877 board [
3878 prepares an individual to work in a job that has, in Utah or in the technical college service area:
3879 (a) high employer demand and high median hourly wages; or
3880 (b) significant industry importance.
3881 Section 76. Section 53B-2a-117 is amended to read:
3882 53B-2a-117. Legislative approval -- Capital development projects --
3883 Prioritization.
3884 (1) As used in this section:
3885 (a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
3886 as published by the Bureau of Labor Statistics of the United States Department of Labor.
3887 (b) "Fund" means the Technical Colleges Capital Projects Fund created in Section
3888 53B-2a-118.
3889 (2) In accordance with this section, a technical college is required to receive legislative
3890 approval in an appropriations act for a dedicated project or a nondedicated project.
3891 (3) In accordance with Section 53B-2a-112, a technical college shall submit to the
3892 board [
3893 project for which the technical college seeks legislative approval.
3894 (4) The board [
3895 (a) review each proposal submitted under Subsection (3) to ensure that the proposal
3896 complies with Section 53B-2a-112;
3897 (b) based on the results of the [
3898 (4)(a), create:
3899 (i) a list of approved dedicated projects, prioritized in accordance with Subsection (6);
3900 and
3901 (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
3902 (6); and
3903 (c) submit the lists described in Subsection (4)(b) to:
3904 (i) the governor;
3905 (ii) the Infrastructure and General Government Appropriations Subcommittee;
3906 (iii) the Higher Education Appropriations Subcommittee; and
3907 (iv) the State Building Board for the State Building Board's:
3908 (A) recommendation, for the list described in Subsection (4)(b)(i); or
3909 (B) recommendation and prioritization, for the list described in Subsection (4)(b)(ii).
3910 (5) A dedicated project:
3911 (a) is subject to the State Building Board's recommendation as described in Section
3912 63A-5-104; and
3913 (b) is not subject to the State Building Board's prioritization as described in Section
3914 63A-5-104.
3915 (6) (a) Subject to Subsection (7), the board [
3916 requests for capital development projects described in this section based on:
3917 (i) growth and capacity;
3918 (ii) effectiveness and support of critical programs;
3919 (iii) cost effectiveness;
3920 (iv) building deficiencies and life safety concerns; and
3921 (v) alternative funding sources.
3922 (b) [
3923 (i) how the board [
3924 and
3925 (ii) procedures for prioritizing funding requests for capital development projects
3926 described in this section.
3927 (7) (a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board
3928 [
3929 (i) up to three nondedicated projects if the ongoing appropriation to the fund is less
3930 than $7,000,000;
3931 (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
3932 $7,000,000 but less than $14,000,000; or
3933 (iii) one nondedicated project if the ongoing appropriation to the fund is at least
3934 $14,000,000.
3935 (b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
3936 described in Subsection (7)(a) shall be adjusted by an amount equal to the percentage
3937 difference between:
3938 (i) the Consumer Price Index for the 2019 calendar year; and
3939 (ii) the Consumer Price Index for the previous calendar year.
3940 (8) (a) A technical college may request operations and maintenance funds for a capital
3941 development project approved under this section.
3942 (b) The Legislature shall consider a technical college's request described in Subsection
3943 (8)(a).
3944 Section 77. Section 53B-6-104 is amended to read:
3945 53B-6-104. Multi-University Consortium for Teacher Training in Sensory
3946 Impairments -- Purposes -- Appropriation.
3947 (1) (a) In conjunction with the [
3948 education, there is established a Multi-University Consortium for Teacher Training in Sensory
3949 Impairments which is an outgrowth of a consortium established by the federal government.
3950 (b) The consortium shall include within its membership the University of Utah, Utah
3951 State University, Brigham Young University, the Utah Schools for the Deaf and the Blind, the
3952 Services for At-Risk Students section under the State Board of Education, and local school
3953 districts.
3954 (2) The consortium, in collaboration with the [
3955 State Board of Education, shall develop and implement teacher preparation programs that
3956 qualify and certify instructors to work with students who are visually impaired, deaf, or hard of
3957 hearing, or both visually impaired and deaf or hard of hearing.
3958 [
3959
3960
3961 [
3962 [
3963 the board's annual budget recommendations a line item appropriation to provide ongoing
3964 funding for the programs provided pursuant to this section.
3965 Section 78. Section 53B-6-105.5 is amended to read:
3966 53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
3967 (1) There is created a Technology Initiative Advisory Board to assist and make
3968 recommendations to the [
3969 the Engineering and Computer Science Initiative established under Section 53B-6-105.
3970 (2) (a) The advisory board shall consist of individuals appointed by the governor from
3971 business and industry who have expertise in the areas of engineering, computer science, and
3972 related technologies.
3973 (b) The advisory board shall select a chair and cochair.
3974 (c) The advisory board shall meet at the call of the chair.
3975 (d) The [
3976 shall provide staff support for the advisory board.
3977 (3) A member of [
3978 the member's service, but may receive per diem and travel expenses in accordance with:
3979 (a) Section 63A-3-106;
3980 (b) Section 63A-3-107; and
3981 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3982 63A-3-107.
3983 (4) The advisory board shall:
3984 (a) make recommendations to the [
3985 distribution of money appropriated to fund:
3986 (i) the faculty incentive program established in Section 53B-6-105.9; and
3987 (ii) equipment purchases required to improve the quality of instructional programs in
3988 engineering, computer science, and related technology;
3989 (b) prepare a strategic plan that details actions required by the [
3990 board to meet the intent of the Engineering and Technology Science Initiative;
3991 (c) review and assess engineering, computer science, and related technology programs
3992 currently being offered at higher education institutions and their impact on the economic
3993 prosperity of the state;
3994 (d) provide the [
3995 that:
3996 (i) measures results against expectations under the initiative, including verification of
3997 the matching requirements for institutions of higher education to receive money under Section
3998 53B-6-105.9; and
3999 (ii) includes an analysis of market demand for technical employment, program
4000 articulation among higher education institutions in engineering, computer science, and related
4001 technology, tracking of student placement, student admission to the initiative program by
4002 region, transfer rates, and retention in and graduation rates from the initiative program; and
4003 (e) make an annual report of its activities to the [
4004 (5) The annual report of the Technology Initiative Advisory Board shall include the
4005 summary report of the institutional matches described in Section 53B-6-105.9.
4006 Section 79. Section 53B-6-105.9 is amended to read:
4007 53B-6-105.9. Incentive program for engineering, computer science, and related
4008 technology faculty.
4009 (1) The Legislature shall provide an annual appropriation to help fund the faculty
4010 incentive component of the Engineering and Computer Science Initiative established under
4011 Section 53B-6-105.
4012 (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
4013 engineering, computer science, and related technology fields under guidelines established by
4014 the [
4015 (3) (a) State institutions of higher education shall match the appropriation on a
4016 one-to-one basis in order to qualify for state money appropriated under Subsection (1).
4017 (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
4018 (ii) The board shall make a summary report of the institutional matches.
4019 (iii) The annual report of the Technology Initiative Advisory Board required by Section
4020 53B-6-105.5 shall include the summary report of the institutional matches.
4021 (4) The board shall make [
4022 Administrative Rulemaking Act, establishing policies and procedures to apply for and
4023 distribute the state appropriation to qualifying institutions.
4024 Section 80. Section 53B-6-106 is amended to read:
4025 53B-6-106. Jobs Now and economic development initiatives.
4026 (1) The board shall develop, establish, and maintain:
4027 (a) [
4028
4029 critical needs and shortages throughout the state[
4030 (b) [
4031 development initiatives within the Utah system of higher education.
4032 (2) The initiatives specified in Subsection (1) shall provide support for technical
4033 training expansion that trains skilled potential employees within a period not to exceed 12
4034 months for technical jobs in critical needs occupations and other innovative economic
4035 development policy initiatives.
4036 (3) (a) Subject to future budget constraints, the Legislature shall provide an annual
4037 appropriation to the [
4038 established in Subsection (1)(a).
4039 (b) (i) The [
4040 the appropriation for the Jobs Now Initiative to technical colleges.
4041 (ii) A technical college shall use money received under Subsection (3)(b)(i) for
4042 technical training expansion referred to in Subsection (2).
4043 (c) Subject to future budget constraints, the Legislature shall provide an annual
4044 appropriation to the [
4045 established pursuant Subsection (1)(b).
4046 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
4047 the board shall make rules to implement the initiatives described in Subsection (1).
4048 [
4049
4050 [
4051 Section 81. Section 53B-7-101 is amended to read:
4052 53B-7-101. Combined requests for appropriations -- Board review of operating
4053 budgets -- Submission of budgets -- Recommendations -- Hearing request --
4054 Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs.
4055 (1) As used in this section:
4056 (a) [
4057 education listed in Section 53B-1-102.
4058 [
4059 [
4060 [
4061 (b) "Research university" means the University of Utah or Utah State University.
4062 (2) (a) [
4063 appropriation for the operating budgets of higher education institutions for inclusion in a state
4064 appropriations act.
4065 (b) The board's combined budget recommendation shall include:
4066 (i) employee compensation;
4067 (ii) mandatory costs, including building operations and maintenance, fuel, and power;
4068 (iii) performance funding described in Part 7, Performance Funding;
4069 (iv) statewide and institutional priorities, including scholarships, financial aid, and
4070 technology infrastructure; and
4071 (v) enrollment growth.
4072 (c) The board's recommendations shall be available for presentation to the governor
4073 and to the Legislature at least 30 days before the convening of the Legislature, and shall include
4074 schedules showing the recommended amounts for each institution, including separately funded
4075 programs or divisions.
4076 (d) The recommended appropriations shall be determined by the board only after [
4077 the board has reviewed the proposed institutional operating budgets, and has consulted with the
4078 various institutions and board staff in order to make appropriate adjustments.
4079 (3) In the combined request for appropriation, the board shall differentiate between
4080 appropriations requested for academic education and appropriations requested for technical
4081 education.
4082 [
4083 days before the convening of the Legislature in accordance with procedures established by the
4084 board.
4085 (b) Except as provided in [
4086 requests pertaining to capital facilities and land purchases shall be submitted in accordance
4087 with procedures prescribed by the State Building Board.
4088 [
4089 explanations and supporting data.
4090 (b) The appropriations recommended by the board shall be made with the dual
4091 objective of:
4092 (i) justifying for higher education institutions appropriations consistent with their
4093 needs, and consistent with the financial ability of the state; and
4094 (ii) determining an equitable distribution of funds among the respective institutions in
4095 accordance with the aims and objectives of the statewide master plan for higher education.
4096 [
4097 appropriations.
4098 (b) After the governor delivers his budget message to the Legislature, the board shall
4099 request hearings on the recommended appropriations with the Higher Education
4100 Appropriations Subcommittee.
4101 (c) If either the total amount of the state appropriations or its allocation among the
4102 institutions as proposed by the Legislature or the Higher Education Appropriations
4103 Subcommittee is substantially different from the recommendations of the board, the board may
4104 request further hearings with the Legislature or the Higher Education Appropriations
4105 Subcommittee to reconsider both the total amount and the allocation.
4106 [
4107 the board's use and for the use of the governor and the Higher Education Appropriations
4108 Subcommittee in making appropriation recommendations.
4109 [
4110 minimum tuitions, resident and nonresident, for each institution which it considers necessary to
4111 implement the budget recommendations.
4112 (b) The board may fix the tuition, fees, and charges for each institution at levels the
4113 board finds necessary to meet budget requirements.
4114 [
4115 budgeted in accordance with institutional work programs approved by the board, provided that
4116 the expenditures funded by appropriations for each institution are kept within the
4117 appropriations for the applicable period.
4118 [
4119 grants, and proceeds from sales received by the institutions are appropriated to the respective
4120 institutions to be used in accordance with institutional work programs.
4121 [
4122 own payrolls, and handle the institution's own financial affairs under the general supervision of
4123 the board.
4124 [
4125 money shall be distributed to the board and higher education institutions to fund the items
4126 described in Subsection (2)(b).
4127 Section 82. Section 53B-7-104 is amended to read:
4128 53B-7-104. Retention of net reimbursed overhead revenues.
4129 (1) For fiscal year 1990-91 and for each succeeding year, all budget documents for the
4130 system of higher education shall reflect retention by the institutions within the system of their
4131 net reimbursed overhead revenues for support of research and related programs under policies
4132 established by the [
4133 considered a dedicated credit.
4134 (2) The board, in conjunction with institutions within the system, shall provide the
4135 Legislature, through the Office of Legislative Fiscal Analyst, with a complete accounting of the
4136 net reimbursed overhead revenues on an annual basis. This accounting shall include actual
4137 expenditures for the prior fiscal year, budgeted expenditures for the current fiscal year, and
4138 planned expenditures for the following fiscal year.
4139 Section 83. Section 53B-7-702 is amended to read:
4140 53B-7-702. Definitions.
4141 As used in this part:
4142 (1) "Account" means the Performance Funding Restricted Account created in Section
4143 53B-7-703.
4144 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
4145 individual income tax revenue generated by individuals employed in targeted jobs, determined
4146 by the Department of Workforce Services in accordance with Section 53B-7-704.
4147 (3) "Full new performance funding amount" means the maximum amount of new
4148 performance funding that a [
4149 may qualify for in a fiscal year, determined by the Legislature in accordance with Section
4150 53B-7-705.
4151 (4) "Full-time" means the number of credit hours the board determines is full-time
4152 enrollment for a student.
4153 (5) "GOED" means the Governor's Office of Economic Development created in
4154 Section 63N-1-201.
4155 [
4156
4157 [
4158 Services.
4159 [
4160 technical college to a student enrolled in the technical college.
4161 [
4162 money in the account and the amount of money appropriated from the account for performance
4163 funding in the current fiscal year.
4164 [
4165 (a) Section 53B-7-706 for a [
4166 (b) Section 53B-7-707 for a technical college.
4167 [
4168 University.
4169 [
4170 Services or GOED in accordance with Section 53B-7-704.
4171 [
4172 (a) has earned a certificate from an accredited program at a technical college; and
4173 (b) is no longer enrolled in the technical college.
4174 [
4175
4176 Section 84. Section 53B-7-703 is amended to read:
4177 53B-7-703. Performance Funding Restricted Account -- Creation -- Deposits into
4178 account -- Legislative review.
4179 (1) There is created within the Education Fund a restricted account known as the
4180 "Performance Funding Restricted Account."
4181 (2) Money in the account shall be:
4182 (a) used for performance funding for:
4183 (i) [
4184 (ii) technical colleges; and
4185 (b) appropriated by the Legislature in accordance with Section 53B-7-705.
4186 (3) (a) Money in the account shall earn interest.
4187 (b) All interest earned on account money shall be deposited into the account.
4188 (4) (a) Except as provided in Subsection (4)(b)(ii), the Division of Finance shall
4189 deposit into the account an amount equal to:
4190 (i) 14% of the estimated revenue growth from targeted jobs upon appropriation by the
4191 Legislature for the fiscal year beginning on July 1, 2018; and
4192 (ii) 20% of the estimated revenue growth from targeted jobs upon appropriation by the
4193 Legislature for a fiscal year beginning on or after July 1, 2019.
4194 (b) (i) As used in this Subsection (4)(b), "total higher education appropriations" means,
4195 for the current fiscal year, the total state funded appropriations to:
4196 (A) the [
4197 (B) [
4198 [
4199 [
4200 (ii) If a deposit described in Subsection (4)(a) would exceed 10% of total higher
4201 education appropriations, upon appropriation by the Legislature, the Division of Finance shall
4202 deposit into the account an amount equal to 10% of total higher education appropriations.
4203 (c) The Legislature may appropriate money to the account.
4204 (5) During the interim following a legislative general session in which an amount
4205 described in Subsection (4)(b) is deposited into the account, the Higher Education
4206 Appropriations Subcommittee shall review performance funding described in this part and
4207 make recommendations to the Legislature about:
4208 (a) the performance levels required for [
4209 and technical colleges to receive performance funding as described in Section 53B-7-705;
4210 (b) the performance metrics described in Sections 53B-7-706 and 53B-7-707; and
4211 (c) the amount of individual income tax revenue dedicated to higher education
4212 performance funding.
4213 Section 85. Section 53B-7-705 is amended to read:
4214 53B-7-705. Determination of full new performance funding amount -- Role of
4215 appropriations subcommittee -- Program review.
4216 (1) In accordance with this section, and based on money deposited into the account, the
4217 Legislature shall, as part of the higher education appropriations budget process, annually
4218 determine the full new performance funding amount for each:
4219 (a) [
4220 (b) technical college.
4221 (2) The Legislature shall annually allocate:
4222 (a) 90% of the money in the account to [
4223 and
4224 (b) 10% of the money in the account to technical colleges.
4225 (3) (a) The Legislature shall determine a [
4226 institution's full new performance funding amount based on the [
4227 degree-granting institution's prior year share of:
4228 (i) full-time equivalent enrollment in all [
4229 institutions; and
4230 (ii) the total state-funded appropriated budget for all [
4231 institutions.
4232 (b) In determining a [
4233 performance funding amount, the Legislature shall give equal weight to the factors described in
4234 Subsections (3)(a)(i) and (ii).
4235 (4) (a) The Legislature shall determine a technical college's full new performance
4236 funding amount based on the technical college's prior year share of:
4237 (i) membership hours for all technical colleges; and
4238 (ii) the total state-funded appropriated budget for all technical colleges.
4239 (b) In determining a technical college's full new performance funding amount, the
4240 Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and (ii).
4241 (5) Annually, at least 30 days before the first day of the legislative general session[
4242
4243 each [
4244 college's performance.
4245 [
4246
4247 (6) (a) In accordance with this Subsection (6), and based on the [
4248 described in Subsection (5), the Legislature shall determine for each [
4249 degree-granting institution and each technical college:
4250 (i) the portion of the full new performance funding amount earned; and
4251 (ii) the amount of new performance funding to recommend that the Legislature
4252 appropriate, from the account, to the [
4253 college.
4254 (b) (i) A [
4255 funding amount if the [
4256 performance of at least 1% compared to the [
4257 average performance over the previous five years.
4258 (ii) (A) Except as provided in Subsection (6)(b)(ii)(B), a technical college earns the full
4259 new performance funding amount if the technical college has a positive change in the technical
4260 college's performance of at least 5% compared to the technical college's average performance
4261 over the previous five years.
4262 (B) A technical college's change in performance may be compared to the technical
4263 college's average performance over fewer than five years in accordance with Subsection
4264 53B-7-707(3)(b).
4265 (c) A [
4266 positive change in performance that is less than a change described in Subsection (6)(b) is
4267 eligible to receive a prorated amount of the full new performance funding amount.
4268 (d) A [
4269 negative change, or no change, in performance over a time period described in Subsection
4270 (6)(b) is not eligible to receive new performance funding.
4271 (7) An appropriation described in this section is ongoing.
4272 (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
4273 may, by majority vote, appropriate or refrain from appropriating money for performance
4274 funding as circumstances require in a particular year.
4275 (9) On or before November 1, 2020, the Education Interim Committee, the Higher
4276 Education Appropriations Subcommittee, and the governor shall review the implementation of
4277 performance funding described in this part.
4278 Section 86. Section 53B-7-706 is amended to read:
4279 53B-7-706. Performance metrics for degree-granting institutions --
4280 Determination of performance.
4281 (1) (a) The board shall establish a model for determining a [
4282 degree-granting institution's performance.
4283 (b) The board shall submit a draft of the model described in this section to the Higher
4284 Education Appropriations Subcommittee and the governor for comments and
4285 recommendations.
4286 (2) (a) The model described in Subsection (1) shall include metrics, including:
4287 (i) completion, measured by degrees and certificates awarded;
4288 (ii) completion by underserved students, measured by degrees and certificates awarded
4289 to underserved students;
4290 (iii) responsiveness to workforce needs, measured by degrees and certificates awarded
4291 in high market demand fields;
4292 (iv) institutional efficiency, measured by degrees and certificates awarded per full-time
4293 equivalent student; and
4294 (v) for a research university, research, measured by total research expenditures.
4295 (b) Subject to Subsection (2)(c), the board shall determine the relative weights of the
4296 metrics described in Subsection (2)(a).
4297 (c) The board shall assign the responsiveness to workforce needs metric described in
4298 Subsection (2)(a)(iii) a weight of at least 25% when determining [
4299
4300 (3) For each [
4301 determine the [
4302 (a) performance; and
4303 (b) change in performance compared to the [
4304 institution's average performance over the previous five years.
4305 (4) The board shall use the model described in this section to make the report described
4306 in Section 53B-7-705 for determining a [
4307 performance funding for a fiscal year beginning on or after July 1, 2018.
4308 Section 87. Section 53B-7-707 is amended to read:
4309 53B-7-707. Performance metrics for technical colleges -- Determination of
4310 performance.
4311 (1) (a) The [
4312 establish a model for determining a technical college's performance.
4313 (b) The [
4314 draft of the model described in this section to the Higher Education Appropriations
4315 Subcommittee and the governor for comments and recommendations.
4316 (2) (a) The model described in Subsection (1) shall include metrics, including:
4317 (i) completions, measured by certificates awarded;
4318 (ii) short-term occupational training, measured by completions of:
4319 (A) short-term occupational training that takes less than 60 hours to complete; and
4320 (B) short-term occupational training that takes at least 60 hours to complete;
4321 (iii) secondary completions, measured by:
4322 (A) completions of competencies sufficient to be recommended for high school credits;
4323 (B) certificates awarded to secondary students; and
4324 (C) retention of certificate-seeking high school graduates as certificate-seeking
4325 postsecondary students;
4326 (iv) placements, measured by:
4327 (A) total placements in related employment, military service, or continuing education;
4328 (B) placements for underserved students; and
4329 (C) placements from high impact programs; and
4330 (v) institutional efficiency, measured by the number of technical college graduates per
4331 900 membership hours.
4332 (b) The [
4333 the relative weights of the metrics described in Subsection (2)(a).
4334 (3) (a) For each technical college, the [
4335
4336 (i) performance; and
4337 (ii) except as provided in Subsection (3)(b), change in performance compared to the
4338 technical college's average performance over the previous five years.
4339 (b) For performance during a fiscal year before fiscal year 2020, if comparable
4340 performance data is not available for the previous five years, the [
4341
4342 using the average performance over the previous three or four years.
4343 Section 88. Section 53B-8-101 is amended to read:
4344 53B-8-101. Waiver of tuition.
4345 (1) (a) The president of an institution of higher education described in Section
4346 53B-2-101 may waive all or part of the tuition on behalf of meritorious or impecunious resident
4347 students to an amount not exceeding 10% of the total amount of tuition which, in the absence
4348 of the waivers, would have been collected from all Utah resident students at the institution of
4349 higher education.
4350 (b) (i) Two and a half percent of the waivers designated in Subsection (1)(a) shall be
4351 set aside for members of the Utah National Guard.
4352 (ii) A waiver described in Subsection (1)(b)(i) shall be preserved by the student at least
4353 60 days before the beginning of an academic term.
4354 (2) (a) A president of an institution of higher education listed in Subsections
4355 53B-2-101(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
4356 meritorious nonresident undergraduate student.
4357 (b) In determining which students are meritorious for purposes of granting a tuition
4358 waiver under Subsection (2)(a), a president shall consider students who are performing above
4359 the average at the institution of higher education, including having an admissions index higher
4360 than the average for the institution, if an admissions index is used.
4361 (c) A president of an institution of higher education may continue to waive the
4362 nonresident portion of tuition for a student described in Subsection (2)(a) for as long as the
4363 student is enrolled at the institution of higher education.
4364 (d) In addition to waiving the nonresident portion of tuition for a meritorious
4365 nonresident student under Subsection (2)(a), a president of an institution of higher education
4366 may waive the resident portion of tuition after the meritorious nonresident student completes a
4367 year of full-time study at the institution of higher education.
4368 (3) To encourage students to enroll for instruction in occupations critical to the state for
4369 which trained personnel are in short supply, a president of an institution of higher education
4370 shall grant additional full or partial tuition waivers upon recommendation of[
4371 [
4372
4373 [
4374 (4) A president of an institution of higher education may waive all or part of the
4375 difference between resident and nonresident tuition for:
4376 (a) meritorious graduate students; or
4377 (b) nonresident summer school students.
4378 (5) The board may establish policies that:
4379 (a) require an institution of higher education described in Subsections 53B-2-101(1)(a)
4380 through (h) to regularly assess and report whether the institution of higher education's use of
4381 tuition waivers supports the goals established by the board in accordance with Section
4382 [
4383 (b) subject to the provisions of this section, establish the amount or percentage of
4384 tuition that an institution of higher education may waive;
4385 (c) define the terms "meritorious" and "impecunious," as the terms apply to tuition
4386 waivers for resident students described in Subsection (1)(a); and
4387 (d) establish limitations on an institution of higher education's allocation of waivers
4388 described in Subsection (1)(a) for resident students who are meritorious or resident students
4389 who are impecunious.
4390 (6) (a) The board shall submit an annual budget appropriation request for each
4391 institution of higher education described in [
4392 53B-2-101.
4393 [
4394
4395 [
4396 funds sufficient in amount to equal the estimated loss of dedicated credits that would be
4397 realized if all of the tuition waivers authorized by Subsection (2) were granted.
4398 Section 89. Section 53B-8-103 is amended to read:
4399 53B-8-103. Waiver of nonresident differential in tuition rates -- Dixie State
4400 University good neighbor tuition waivers.
4401 (1) Notwithstanding any other provision of law:
4402 (a) (i) The board may determine when to grant a full or partial waiver of the
4403 nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal
4404 agreements with other states.
4405 (ii) In making the determination described under Subsection (1)(a)(i), the board shall
4406 consider the potential of the waiver to:
4407 (A) enhance educational opportunities for Utah residents;
4408 (B) promote mutually beneficial cooperation and development of Utah communities
4409 and nearby communities in neighboring states;
4410 (C) contribute to the quality of educational programs; and
4411 (D) assist in maintaining the cost effectiveness of auxiliary operations in Utah
4412 institutions of higher education.
4413 (b) (i) Consistent with its determinations made pursuant to Subsection (1)(a), the board
4414 may enter into agreements with other states to provide for a full or partial reciprocal waiver of
4415 the nonresident tuition differential charged to undergraduate students.
4416 (ii) An agreement shall provide for the numbers and identifying criteria of
4417 undergraduate students, and shall specify the institutions of higher education that will be
4418 affected by the agreement.
4419 (c) The board shall establish policy guidelines for the administration by the affected
4420 Utah institutions of any tuition waivers authorized under this section, for evaluating applicants
4421 for such waivers, and for reporting the results of the reciprocal waiver programs authorized by
4422 this section.
4423 (d) A report and financial analysis of any waivers of tuition authorized under this
4424 section shall be submitted annually to the general session of the Legislature as part of the
4425 budget recommendations of the board for the system of higher education.
4426 (2) (a) Dixie State University may offer a good neighbor full waiver of the nonresident
4427 differential in tuition rates charged to undergraduate students:
4428 (i) pursuant to reciprocal agreements with other states; or
4429 (ii) to a resident of a county that has a portion of the county located within 70 miles of
4430 the main campus of Dixie State University.
4431 (b) (i) A student who attends Dixie State University under a good neighbor tuition
4432 waiver shall pay a surcharge per credit hour in addition to the regular resident tuition and fees
4433 of Dixie State University.
4434 (ii) The surcharge per credit hour shall be based on a percentage of the approved
4435 resident tuition per credit hour each academic year.
4436 (iii) The percentage assessed as a surcharge per credit hour shall be set by the [
4437
4438 (c) Dixie State University may restrict the number of good neighbor tuition waivers
4439 awarded.
4440 (d) A student who attends Dixie State University on a good neighbor tuition waiver
4441 may not count the time during which the waiver is received towards establishing resident
4442 student status in Utah.
4443 Section 90. Section 53B-8-104 is amended to read:
4444 53B-8-104. Nonresident partial tuition scholarships.
4445 (1) The board may grant a scholarship for partial waiver of the nonresident portion of
4446 total tuition charged by public institutions of higher education to nonresident undergraduate
4447 students, subject to the limitations provided in this section, if the board determines that the
4448 scholarship will:
4449 (a) promote mutually beneficial cooperation between Utah communities and nearby
4450 communities in states adjacent to Utah;
4451 (b) contribute to the quality and desirable cultural diversity of educational programs in
4452 Utah institutions;
4453 (c) assist in maintaining an adequate level of service and related cost-effectiveness of
4454 auxiliary operations in Utah institutions of higher education; and
4455 (d) promote enrollment of nonresident students with high academic aptitudes.
4456 (2) The board shall establish policy guidelines for the administration by institutions of
4457 higher education of any partial tuition scholarships authorized under this section, for evaluating
4458 applicants for those scholarships, and for reporting the results of the scholarship program
4459 authorized by this section.
4460 (3) The policy guidelines promulgated by the board under Subsection (2) shall include
4461 the following provisions:
4462 (a) the amount of the approved scholarship may not be more than 1/2 of the differential
4463 tuition charged to nonresident students for an equal number of credit hours of instruction;
4464 (b) a nonresident partial tuition scholarship may be awarded initially only to a
4465 nonresident undergraduate student who has not previously been enrolled in a college or
4466 university in Utah and who has enrolled full time for 10 or more credit hours, whose legal
4467 domicile is within approximately 100 highway miles of the Utah system of higher education
4468 institution at which the recipient wishes to enroll or such distance that the [
4469 establish for any institution;
4470 (c) the total number of nonresident partial tuition scholarships granted may not exceed
4471 a total of 600 such scholarships in effect at any one time; and
4472 (d) the board shall determine eligibility for nonresident partial tuition scholarships on
4473 the basis of program availability at an institution and on a competitive basis, using quantifiable
4474 measurements such as grade point averages and results of test scores.
4475 (4) The board shall submit an annual report and financial analysis of the effects of
4476 offering nonresident partial tuition scholarships authorized under this section to the Higher
4477 Education Appropriations Subcommittee as part of the board's budget recommendations for the
4478 system of higher education.
4479 Section 91. Section 53B-8-106 is amended to read:
4480 53B-8-106. Resident tuition -- Requirements -- Rules.
4481 (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
4482 meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
4483 Code, shall be exempt from paying the nonresident portion of total tuition if the student:
4484 (a) attended high school in this state for three or more years;
4485 (b) graduated from a high school in this state or received the equivalent of a high
4486 school diploma in this state; and
4487 (c) registers as an entering student at an institution of higher education not earlier than
4488 the fall of the 2002-03 academic year.
4489 (2) In addition to the requirements under Subsection (1), a student without lawful
4490 immigration status shall file an affidavit with the institution of higher education stating that the
4491 student has filed an application to legalize his immigration status, or will file an application as
4492 soon as he is eligible to do so.
4493 (3) The [
4494 section.
4495 (4) Nothing in this section limits the ability of institutions of higher education to assess
4496 nonresident tuition on students who do not meet the requirements under this section.
4497 Section 92. Section 53B-8-107 is amended to read:
4498 53B-8-107. Military member surviving dependents -- Tuition waiver.
4499 (1) As used in this section:
4500 (a) "Federal active duty" means serving under orders in accordance with United States
4501 Code, Title 10 or Title 32, at any time on or after September 11, 2001.
4502 (b) "Qualifying deceased military member" means a person who:
4503 (i) was killed while serving on state or federal active duty, under orders of competent
4504 authority and not as a result of the member's own misconduct; or
4505 (ii) dies of wounds or injuries received while serving on state or federal active duty,
4506 under orders of competent authority and not as a result of the member's own misconduct; and
4507 (iii) was a member of the armed forces of the United States and a Utah resident;
4508 (iv) was a member of the reserve component of the armed forces on or after September
4509 11, 2001, and a Utah resident; or
4510 (v) was a member of the Utah National Guard on or after September 11, 2001.
4511 (c) "State active duty" means serving in the Utah National Guard in any duty status
4512 authorized by the governor under Title 39, Militia and Armories.
4513 (2) This section shall be known as the Scott B. Lundell Military Survivors' tuition
4514 waiver.
4515 (3) A state institution of higher education shall waive undergraduate tuition for a
4516 dependent of a qualifying deceased military member under the following conditions:
4517 (a) the dependent has been accepted by the institution in accordance with the
4518 institution's admissions guidelines;
4519 (b) except as provided in Subsection (4), the dependent is a resident student as
4520 determined under Section 53B-8-102;
4521 (c) the dependent may not have already completed a course of studies leading to an
4522 undergraduate degree;
4523 (d) the dependent may only utilize the waiver for courses that are applicable toward the
4524 degree or certificate requirements of the program in which the dependent is enrolled; and
4525 (e) the dependent may not be excluded from the waiver if the dependent has previously
4526 taken courses at or has been awarded credit by a state institution of higher education.
4527 (4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military
4528 member that was a member of the Utah National Guard is not required to be a resident student
4529 as determined under Section 53B-8-102.
4530 (5) The tuition waiver in this section is applicable for undergraduate study only.
4531 (6) The Department of Veterans and Military Affairs, after consultation with the
4532 adjutant general if necessary, shall certify to the institution that the dependent is a surviving
4533 dependent eligible for the tuition waiver in accordance with this section.
4534 (7) The waiver in this section does not apply to fees, books, or housing expenses.
4535 (8) The [
4536 Legislature for costs incurred in providing the tuition waiver under this section.
4537 Section 93. Section 53B-8-201 is amended to read:
4538 53B-8-201. Regents' Scholarship Program.
4539 (1) As used in this section:
4540 (a) "Eligible institution" means an institution of higher education within the state
4541 system of higher education described in Section 53B-1-102.
4542 (b) "Eligible student" means a student who:
4543 (i) applies to the board in accordance with the rules described in Subsection (6);
4544 (ii) is enrolled in an eligible institution; and
4545 (iii) meets the criteria established by the board in rules described in Subsection (6).
4546 (c) "Fee" means:
4547 (i) for an eligible institution that is [
4548 degree-granting institution, a fee approved by the board; or
4549 (ii) for an eligible institution that is a technical college, a fee approved by the eligible
4550 institution.
4551 (d) "Program" means the Regents' Scholarship Program described in this section.
4552 (2) (a) A student who graduates from high school after July 1, 2018:
4553 (i) may receive a Regents' scholarship in accordance with this section; and
4554 (ii) may not receive a scholarship in accordance with Sections 53B-8-202 through
4555 53B-8-205.
4556 (b) A student who graduates from high school on or before July 1, 2018:
4557 (i) may receive a scholarship in accordance with Sections 53B-8-202 through
4558 53B-8-205; and
4559 (ii) may not receive a Regents' scholarship in accordance with this section.
4560 (3) (a) Subject to legislative appropriations, beginning with an appropriation for fiscal
4561 year 2019, the board shall annually distribute money for the Regents' Scholarship Program
4562 described in this section to each eligible institution to award as Regents' scholarships to eligible
4563 students.
4564 (b) The board shall annually determine the amount of a Regents' scholarship based on:
4565 (i) the number of eligible students in the state; and
4566 (ii) money available for the program.
4567 (c) The board shall annually determine the total amount of money to distribute to an
4568 eligible institution based on the eligible institution's share of all eligible students in the state.
4569 (4) (a) Except as provided in Subsection (4)(b) or (c), an eligible institution shall
4570 provide to an eligible student a Regents' scholarship in the amount determined by the board
4571 described in Subsection (3)(b).
4572 (b) For a Regents' scholarship for which an eligible student applies on or before July 1,
4573 2019, an eligible institution may reduce the amount of the Regents' scholarship based on other
4574 state aid awarded to the eligible student for tuition and fees.
4575 (c) For a Regents' scholarship for which an eligible student applies after July 1, 2019:
4576 (i) an eligible institution shall reduce the amount of the Regents' scholarship so that the
4577 total amount of state aid awarded to the eligible student, including tuition or fee waivers and
4578 the Regents' scholarship, does not exceed the cost of the eligible student's tuition and fees; and
4579 (ii) the eligible student may only use the Regents' scholarship for tuition and fees.
4580 (5) The board may:
4581 (a) audit an eligible institution's administration of Regents' scholarships; and
4582 (b) require an eligible institution to repay to the board money distributed to the eligible
4583 institution under this section that is not provided to an eligible student as a Regents'
4584 scholarship.
4585 (6) [
4586 Act, the board shall make rules that establish:
4587 [
4588 scholarships;
4589 [
4590 eligibility for a Regents' scholarship;
4591 [
4592 including:
4593 [
4594 [
4595 [
4596 [
4597 [
4598 [
4599 all Regents' scholarships awarded by the eligible institution.
4600 [
4601
4602 (7) The board shall annually report on the program to the Higher Education
4603 Appropriations Subcommittee.
4604 (8) (a) The State Board of Education, a school district, or a public high school shall
4605 cooperate with the board and eligible institutions to facilitate the program, including by
4606 exchanging relevant data where allowed by law.
4607 (b) The State Board of Education shall annually provide to the board a list of directory
4608 information, including name and address, for each grade 8 student in the state.
4609 (9) Notwithstanding the provisions in this section, a private, nonprofit college or
4610 university in the state that is accredited by the Northwest Commission on Colleges and
4611 Universities is an eligible institution for purposes of providing a Regents' scholarship to an
4612 eligible student who applies for a Regents' scholarship on or before July 1, 2019.
4613 (10) If money appropriated under this section is available after Regents' scholarships
4614 are awarded, the board shall use the money for the Access Utah Promise Scholarship Program
4615 created in Section 53B-8-302.
4616 Section 94. Section 53B-8-301 is amended to read:
4617 53B-8-301. Definitions.
4618 As used in this part:
4619 (1) "Access Utah promise scholarship" or "promise scholarship" means a scholarship
4620 described in Section 53B-8-303.
4621 (2) "Eligible individual" means an individual who:
4622 (a) applies for a promise scholarship in accordance with Section 53B-8-303; and
4623 (b) meets the eligibility requirements described in Section 53B-8-303.
4624 (3) "Fee" means:
4625 (a) for an institution that is [
4626 degree-granting institution, a fee approved by the board; or
4627 (b) for an institution that is a technical college, a fee approved by the institution.
4628 (4) "Institution of higher education" or "institution" means an institution described in
4629 Section 53B-1-102.
4630 (5) "Partner award" means a financial award described in Section 53B-8-304.
4631 (6) "Promise partner" means an employer that participates in the program described in
4632 Section 53B-8-304.
4633 Section 95. Section 53B-8-303 is amended to read:
4634 53B-8-303. Access Utah promise scholarships.
4635 (1) An individual may apply for a promise scholarship in accordance with the rules
4636 described in Subsection (8).
4637 (2) An individual is eligible to receive a promise scholarship if the individual:
4638 (a) (i) has a high school diploma or the equivalent; and
4639 (ii) does not have an associate or higher postsecondary degree;
4640 (b) demonstrates financial need, in accordance with the rules described in Subsection
4641 (8);
4642 (c) is a Utah resident;
4643 (d) enrolls in an institution; and
4644 (e) accepts all other grants, tuition or fee waivers, and scholarships offered to the
4645 individual to attend the institution in which the individual enrolls.
4646 (3) Subject to legislative appropriations, and in accordance with the rules described in
4647 Subsection (8), the board shall annually distribute money for promise scholarships to each
4648 institution.
4649 (4) (a) Except as provided in Subsection (4)(d), an institution shall award a promise
4650 scholarship to an eligible individual.
4651 (b) For a promise scholarship recipient, an institution shall:
4652 (i) evaluate the recipient's knowledge, skills, and competencies acquired through
4653 formal or informal education outside the traditional postsecondary academic environment; and
4654 (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
4655 (4)(b)(i).
4656 (c) An institution shall award a promise scholarship in an amount that is equal to the
4657 difference between:
4658 (i) the total cost of tuition and fees for the program in which the recipient is enrolled;
4659 and
4660 (ii) the total value of all other grants, tuition waivers, fee waivers, and scholarships
4661 received by the recipient to attend the institution.
4662 (d) If an institution's distribution described in Subsection (3) is insufficient to award a
4663 promise scholarship to each eligible individual in the amount described in Subsection (4)(c),
4664 the institution:
4665 (i) shall, when possible, use other funding sources to fully fund the amount described
4666 in Subsection (4)(c) for each eligible individual; and
4667 (ii) may prioritize promise scholarships based on financial need in accordance with the
4668 rules described in Subsection (8).
4669 (e) An institution may use up to 3% of the institution's distribution described in
4670 Subsection (3) for administration.
4671 (5) An institution shall continue to award a promise scholarship to a recipient who
4672 meets the requirements established by the board in the rules described in Subsection (8) until
4673 the earliest of the following:
4674 (a) two years after the recipient initially receives a promise scholarship;
4675 (b) the recipient uses a promise scholarship to attend an institution for four semesters;
4676 (c) the recipient completes the requirements for an associate degree; or
4677 (d) if the recipient attends an institution that does not offer associate degrees, the
4678 recipient has 60 earned credit hours.
4679 (6) A recipient may only use a promise scholarship for tuition and fees.
4680 (7) A promise scholarship is transferable between institutions.
4681 (8) [
4682 Act, [
4683 [
4684 scholarship, including:
4685 [
4686 [
4687 promise scholarship; and
4688 [
4689 [
4690 scholarship;
4691 [
4692 Subsection (3) that takes into account:
4693 [
4694 [
4695 [
4696 financial needs of eligible individuals;
4697 [
4698 scholarship, including requirements related to academic achievement and enrollment status;
4699 and
4700 [
4701 and potential recipients, the board and institutions do not portray the Access Utah Promise
4702 Scholarship Program as a program that is guaranteed to be in effect indefinitely.
4703 [
4704
4705 (9) On or before November 1 each year, the board shall report to the Higher Education
4706 Appropriations Subcommittee regarding promise scholarships, including:
4707 (a) the number of scholarships awarded; and
4708 (b) whether the promise scholarship program is effective in helping underserved
4709 students access higher education.
4710 Section 96. Section 53B-8a-102.5 is amended to read:
4711 53B-8a-102.5. Definitions for part.
4712 As used in this part:
4713 (1) "Administrative fund" means the money used to administer the Utah Educational
4714 Savings Plan.
4715 (2) "Board" means the board of directors of the Utah Educational Savings Plan, which
4716 is the [
4717
4718 Authority under Title 53B, Chapter 12, Higher Education Assistance Authority.
4719 (3) "Endowment fund" means the endowment fund established under Section
4720 53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan.
4721 (4) "Executive director" means the administrator appointed to administer and manage
4722 the Utah Educational Savings Plan.
4723 (5) "Federally insured depository institution" means an institution whose deposits and
4724 accounts are to any extent insured by a federal deposit insurance agency, including the Federal
4725 Deposit Insurance Corporation and the National Credit Union Administration.
4726 (6) "Grantor trust" means a trust, the income of which is for the benefit of the grantor
4727 under Section 677, Internal Revenue Code.
4728 (7) "Higher education costs" means qualified higher education expenses as defined in
4729 Section 529(e)(3), Internal Revenue Code.
4730 (8) "Owner of the grantor trust" means one or more individuals who are treated as an
4731 owner of a trust under Section 677, Internal Revenue Code, if that trust is a grantor trust.
4732 (9) "Program fund" means the program fund created under Section 53B-8a-107, which
4733 is held as a separate fund within the Utah Educational Savings Plan.
4734 (10) "Qualified investment" means an amount invested in accordance with an account
4735 agreement established under this part.
4736 (11) "Tuition and fees" means the quarterly or semester charges imposed to attend an
4737 institution of higher education and required as a condition of enrollment.
4738 Section 97. Section 53B-8a-204 is amended to read:
4739 53B-8a-204. Distribution of program money -- Application process --
4740 Prioritization -- Account agreements.
4741 (1) The plan shall distribute money in the program by creating a 529 savings account
4742 for an eligible individual identified by a community partner.
4743 (2) (a) (i) The plan shall carry out the responsibility described in Subsection (1) by
4744 establishing a process in which a community partner may apply for an allocation of program
4745 money to designate for eligible individuals.
4746 (ii) The [
4747 application process for a community partner to apply for an allocation of program money.
4748 (iii) The application process described in Subsection (2)(a)(ii) shall include:
4749 (A) the criteria for a community partner to apply for an allocation of program money;
4750 (B) the criteria that the plan will use to prioritize applications if the dollar amounts
4751 requested in the applications exceed the dollar amount available;
4752 (C) the requirements for establishing a 529 savings account in the name of an eligible
4753 individual; and
4754 (D) the roles and responsibilities of a community partner that makes a successful
4755 application for an allocation of program money.
4756 (b) (i) A community partner that receives an allocation of program money shall enter
4757 into a contract with the plan.
4758 (ii) The contract described in Subsection (2)(b)(i) shall:
4759 (A) define the roles and responsibilities of the community partner and the plan with
4760 regard to the community partner's allocation of program money; and
4761 (B) specify that the individual the community partner identifies to receive a portion of
4762 the community partner's allocation is an eligible individual.
4763 (3) If the plan approves a community partner's application for an allocation of program
4764 money, the plan may not promise or otherwise encumber the allocation to any other person
4765 unless the allocation is forfeited under Subsection (5)(b)(ii).
4766 (4) (a) A community partner shall identify each eligible individual who will receive a
4767 portion of the community partner's allocation of program money.
4768 (b) After a community partner identifies an eligible individual to receive a portion of
4769 the community partner's allocation, the community partner shall notify the plan of:
4770 (i) the amount of the community partner's allocation that shall transfer to a 529 savings
4771 account in the name of the identified eligible individual; and
4772 (ii) the amount, if any, that the community partner will be contributing in accordance
4773 with Part 1, Utah Educational Savings Plan, to the 529 savings account on behalf of the
4774 identified eligible individual.
4775 (5) (a) Upon receiving the information described in Subsection (4)(b), the plan shall
4776 establish a 529 savings account for the identified eligible individual, with the community
4777 partner as the account owner.
4778 (b) The community partner shall inform the beneficiary that:
4779 (i) within three years after the day on which the beneficiary graduates from high
4780 school, the beneficiary shall enroll in:
4781 (A) a credit-granting institution of higher education within the state system of higher
4782 education;
4783 (B) a private, nonprofit college or university in the state that is accredited by the
4784 Northwestern Association of Schools and Colleges; or
4785 (C) a technical college; and
4786 (ii) if the beneficiary fails to enroll within three years after the day on which the
4787 beneficiary graduates from high school, any money that remains in the 529 savings account
4788 shall be returned to the program.
4789 (c) After entering into the account agreement described in Subsection (5)(a), the plan
4790 shall deposit into the beneficiary's 529 savings account the amount of the allocation described
4791 in Subsection (4)(b)(i).
4792 Section 98. Section 53B-8e-103 is amended to read:
4793 53B-8e-103. Tuition waivers for Purple Heart recipients -- Qualifications --
4794 Limitations.
4795 (1) Beginning in the 2004-05 academic year, a state institution of higher education
4796 shall waive undergraduate tuition for each Purple Heart recipient who:
4797 (a) is admitted as a full-time, part-time, or summer school student in an undergraduate
4798 program of study leading to a degree or certificate;
4799 (b) is a resident student of the state as determined under Section 53B-8-102; and
4800 (c) submits verification as provided in Subsection (3) that the student is a Purple Heart
4801 recipient.
4802 (2) (a) Beginning in the 2008-09 academic year, a state institution of higher education
4803 shall waive graduate tuition as provided in this Subsection (2) for each Purple Heart recipient
4804 who:
4805 (i) is admitted as a full-time, part-time, or summer school student in a graduate
4806 program of study leading to a degree;
4807 (ii) is a resident student of the state as determined under Section 53B-8-102; and
4808 (iii) submits verification as provided in Subsection (3) that the student is a Purple Heart
4809 recipient.
4810 (b) To qualify for a graduate tuition waiver, a Purple Heart recipient shall apply for a
4811 graduate program no later than 10 years from the day on which the Purple Heart recipient
4812 completes an undergraduate degree.
4813 (c) The total amount of all graduate tuition waived for a Purple Heart recipient may not
4814 exceed $10,000.
4815 (d) A Purple Heart recipient may receive a graduate tuition waiver for a period of time
4816 that does not exceed the lesser of:
4817 (i) the time it takes for the Purple Heart recipient to complete a graduate degree; or
4818 (ii) five years after the day on which the Purple Heart recipient is accepted to a
4819 graduate program.
4820 (3) A Purple Heart recipient seeking a tuition waiver shall request the Department of
4821 Veterans and Military Affairs to provide the verification required by Subsection (1)(c). The
4822 Department of Veterans and Military Affairs shall provide the verification upon obtaining
4823 evidence satisfactory to the division that the student is a Purple Heart recipient.
4824 (4) The [
4825 Legislature for costs incurred in providing the tuition waiver under this section.
4826 Section 99. Section 53B-10-201 is amended to read:
4827 53B-10-201. Definitions.
4828 As used in this part:
4829 (1) "Full-time" means the number of credit hours the board determines is full-time
4830 enrollment for a student.
4831 (2) "GOED" means the Governor's Office of Economic Development created in
4832 Section 63N-1-201.
4833 (3) "Incentive loan" means a loan described in Section 53B-10-202.
4834 (4) "Institution" means an institution of higher education [
4835
4836 (5) "Program" means the Talent Development Incentive Loan Program created in
4837 Section 53B-10-202.
4838 (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
4839 individual to work in a qualifying job, as determined by GOED under Section 53B-10-203.
4840 (7) "Qualifying job" means a job:
4841 (a) described in Section 53B-10-203 for which an individual may receive an incentive
4842 loan for the current two-year period; or
4843 (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
4844 received an incentive loan; and
4845 (ii) (A) for which the recipient is pursuing a qualifying degree;
4846 (B) for which the recipient completed a qualifying degree; or
4847 (C) in which the recipient is working.
4848 (8) "Recipient" means an individual who receives an incentive loan.
4849 Section 100. Section 53B-11-104 is amended to read:
4850 53B-11-104. Eligibility for student financial aid -- Filing of selective service
4851 status.
4852 (1) A male born after December 31, 1959, may not receive any state-supported loan,
4853 grant, or scholarship for attendance at a postsecondary institution within the state unless he has
4854 filed a statement of selective service status with the institution.
4855 (2) The statement shall certify one of the following:
4856 (a) that the male has registered with the selective service system in accordance with the
4857 Military Selective Service Act, 50 U.S.C. Sec. 3802, as amended;
4858 (b) that the male is not required to register with the selective service system because he
4859 is:
4860 (i) under 18 or over 26 years of age;
4861 (ii) on active duty with the armed forces of the United States other than for training in a
4862 reserve or national guard unit;
4863 (iii) a nonimmigrant alien lawfully in the United States in accordance with the
4864 Immigration and Nationality Act, 8 U.S.C. Sec. 1101(a)(15); or
4865 (iv) not a citizen of the United States and is a permanent resident of the Trust Territory
4866 of the Pacific Islands or the Northern Mariana Islands.
4867 (3) (a) The board [
4868 specify the form of statement to be filed under Subsection (2).
4869 (b) Each statement shall contain a section:
4870 (i) certifying registration with the selective service system and a space for the student
4871 to record his selective service number; and
4872 (ii) for the certification of nonregistration and for an explanation of the reason for
4873 exemption.
4874 (c) The board may require documentation for the certifications under Subsection (3)(b).
4875 (4) Postsecondary institutions within the state may not make or guarantee any loan,
4876 grant, scholarship, or other state-supported financial assistance to a male student unless the
4877 student has filed the statement required under Subsection (1).
4878 (5) (a) If a postsecondary institution within the state has received a statement certifying
4879 that the individual is registered under Subsection (2)(a) or is exempt from registration for a
4880 reason other than he is under 18 years of age, the individual is not required to file any further
4881 statement with the institution under this section.
4882 (b) If the institution receives a statement of exemption because the individual is under
4883 18 years of age, it shall require the filing of a new statement each time the individual seeks to
4884 apply for financial assistance for educational expenses, until it receives a statement certifying
4885 that the individual has registered with the selective service system or is exempt from
4886 registration for a reason other than being under 18 years of age.
4887 Section 101. Section 53B-12-102 is amended to read:
4888 53B-12-102. Separation of duties, responsibilities, funds, liabilities, and expenses
4889 -- Appointment of board of directors -- No state or local debt -- Minors eligible for loans.
4890 (1) As used in this section, "fiduciary or commercial information" means information:
4891 (a) related to any subject if the disclosure of the information:
4892 (i) would conflict with fiduciary obligations; or
4893 (ii) is prohibited by insider trading provisions; or
4894 (b) of a commercial nature, including information related to:
4895 (i) account owners or borrowers;
4896 (ii) demographic data;
4897 (iii) contracts and related payments;
4898 (iv) negotiations;
4899 (v) proposals or bids;
4900 (vi) investments;
4901 (vii) the investment and management of funds;
4902 (viii) fees and charges;
4903 (ix) plan and program design;
4904 (x) investment options and underlying investments offered to account owners;
4905 (xi) marketing and outreach efforts;
4906 (xii) lending criteria;
4907 (xiii) the structure and terms of bonding;
4908 (xiv) financial plans; or
4909 (xv) reviews and audits, except the final report of the annual audit of financial
4910 statements required under Section 53B-8a-111.
4911 (2) The duties, responsibilities, funds, liabilities, and expenses of the board as the Utah
4912 Higher Education Assistance Authority shall be maintained separate and apart from its other
4913 duties, responsibilities, funds, liabilities, and expenses.
4914 (3) (a) In order to carry out the obligation of separation of functions required under
4915 Subsection (2), the board may appoint a board of directors of the authority, and designate its
4916 chairman to govern and manage the authority.
4917 (b) The board of directors consists of not less than five persons, not more than
4918 two-thirds of whom may be members of the [
4919 (c) The board of directors reports to and serves at the pleasure of the [
4920
4921 Education Assistance Authority except for those expressly retained by the [
4922
4923 (4) All meetings of the Utah Higher Education Assistance Authority and its appointed
4924 board of directors shall be open to the public, except those meetings or portions of meetings
4925 that are closed as authorized by Sections 52-4-204 and 52-4-205, including to discuss fiduciary
4926 or commercial information.
4927 (5) An obligation incurred under this chapter does not constitute a debt of the state or
4928 any of its political subdivisions.
4929 (6) (a) A person who would otherwise qualify for a loan guaranteed by the authority is
4930 not disqualified because that person is a minor.
4931 (b) For the purpose of applying for, receiving, and repaying a loan, a minor has full
4932 legal capacity to act and has all the rights, powers, privileges, and obligations of a person of
4933 full age with respect to the loan.
4934 Section 102. Section 53B-16-101 is amended to read:
4935 53B-16-101. Establishment of institutional roles and general courses of study.
4936 (1) Except as institutional roles are specifically assigned by the Legislature, the board:
4937 (a) [
4938 education [
4939 (b) shall, within each institution of higher education's primary role, prescribe the
4940 general course of study to be offered at the institution of higher education, including for:
4941 (i) research universities, which provide undergraduate, graduate, and research programs
4942 and include:
4943 (A) the University of Utah; and
4944 (B) Utah State University;
4945 (ii) regional universities, which provide career and technical education, undergraduate
4946 associate and baccalaureate programs, and select master's degree programs to fill regional
4947 demands and include:
4948 (A) Weber State University;
4949 (B) Southern Utah University;
4950 (C) Dixie State University; and
4951 (D) Utah Valley University; [
4952 (iii) comprehensive community colleges, which provide associate programs and
4953 include:
4954 (A) Salt Lake Community College; and
4955 (B) Snow College[
4956 (iv) technical colleges and degree-granting institutions that provide technical
4957 education, and include:
4958 (A) each technical college;
4959 (B) Salt Lake Community College's School of Applied Technology's technical
4960 education role described in Section 53B-16-209;
4961 (C) each Utah State University regional institution's technical education role described
4962 in Section 53B-16-207; and
4963 (D) Snow College's technical education role described in Section 53B-16-205.
4964 (2) (a) Except for the University of Utah, and subject to Subsection (2)(b), each
4965 institution of higher education described in [
4966 career and technical education included in the institution of higher education's primary role.
4967 (b) The board shall determine the extent to which an institution described in
4968 Subsection (2)(a) provides career and technical education within the institution's primary role.
4969 (3) The board [
4970 role[
4971 (a) the level of program that the institution of higher education generally offers;
4972 (b) broad fields that are within the institution of higher education's mission; and
4973 (c) any special characteristics of the institution of higher education, such as being a
4974 land grant university.
4975 (4) On or before November 1, 2020, the board shall report to the Higher Education
4976 Strategic Planning Commission on the board's activities related to defining and clarifying each
4977 institution's role.
4978 Section 103. Section 53B-16-102 is amended to read:
4979 53B-16-102. Changes in curriculum -- Substantial alterations in institutional
4980 operations -- Program approval -- Periodic review of programs -- Career and technical
4981 education curriculum changes.
4982 (1) As used in this section:
4983 (a) "Institution of higher education" means an institution described in [
4984
4985 (b) "Program of instruction" means a program of curriculum that leads to the
4986 completion of a degree, diploma, certificate, or other credential.
4987 (2) Under procedures and policies approved by the board and developed in consultation
4988 with each institution of higher education, each institution of higher education may make such
4989 changes in the institution of higher education's curriculum as necessary to better effectuate the
4990 institution of higher education's primary role.
4991 [
4992
4993 (3) The board shall establish criteria for whether an institution of higher education may
4994 approve a new program of instruction, including criteria related to whether:
4995 (a) the program of instruction meets identified workforce needs;
4996 (b) the institution of higher education is maximizing collaboration with other
4997 institutions of higher education to provide for efficiency in offering the program of instruction;
4998 (c) the new program of instruction is within the institution of higher education's
4999 mission and role; and
5000 (d) the new program of instruction meets other criteria determined by the board.
5001 (4) (a) [
5002 board, an institution of higher education may not:
5003 (i) establish a branch, extension center, college, or professional school; or
5004 (ii) establish a new program of instruction [
5005
5006 (b) An institution of higher education may, with the approval of the institution of
5007 higher education's board of trustees, establish a new program of instruction that [
5008
5009 criteria described in Subsection (3).
5010 (5) (a) An institution of higher education shall notify the board of a proposed new
5011 program of instruction, including how the proposed new program of instruction meets the
5012 criteria described in Subsection (3).
5013 (b) The board shall establish procedures and guidelines for institutional boards of
5014 trustees to consider an institutional proposal for a new program of instruction described in
5015 Subsection (4)(b).
5016 [
5017 [
5018
5019
5020
5021 [
5022
5023
5024 [
5025
5026 [
5027 [
5028
5029 (6) (a) The board shall conduct a periodic review of all new programs of instruction,
5030 including those funded by gifts, grants, and contracts, no later than two years after the first
5031 cohort to begin the program of instruction completes the program of instruction.
5032 (b) The board may conduct a periodic review of any program of instruction at an
5033 institution of higher education, including a program of instruction funded by a gift, grant, or
5034 contract.
5035 (c) Following a review described in this Subsection (6), the board may recommend that
5036 the institution of higher education modify or terminate the program of instruction.
5037 (7) Prior to requiring modification or termination of a program, the board shall give the
5038 institution of higher education adequate opportunity for a hearing before the board.
5039 (8) In making decisions related to career and technical education curriculum changes,
5040 the board shall coordinate on behalf of the boards of trustees of higher education institutions a
5041 review of the proposed changes by the State Board of Education [
5042
5043 education curriculum that eliminates overlap and duplication of course work with high schools
5044 and technical colleges.
5045 Section 104. Section 53B-16-105 is amended to read:
5046 53B-16-105. Common course numbering -- Transferability of credits --
5047 Agreement with competency-based general education provider -- Policies.
5048 (1) As used in this section:
5049 (a) "Articulation agreement" means an agreement between the board and a provider
5050 that allows a student to transfer credit awarded by the provider for a general education course
5051 to any institution of higher education.
5052 (b) "Competency-based" means a system where a student advances to higher levels of
5053 learning when the student demonstrates competency of concepts and skills regardless of time,
5054 place, or pace.
5055 (c) "Competency-based general education provider" or "provider" means a private
5056 institution that:
5057 (i) offers a postsecondary competency-based general education course online or in
5058 person;
5059 (ii) awards academic credit; and
5060 (iii) does not award degrees, including associates degrees or baccalaureate degrees.
5061 (d) "Credit for prior learning" means the same as that term is defined in Section
5062 53B-16-110.
5063 (e) "Institution of higher education" means an institution [
5064
5065 (f) "Regionally accredited institution" means an institution that:
5066 (i) offers a competency-based postsecondary general education course online or in
5067 person; and
5068 (ii) is accredited by a regional accrediting body recognized by the United States
5069 Department of Education.
5070 [
5071
5072 (2) The board shall:
5073 (a) facilitate articulation and the seamless transfer of courses, programs, and credit for
5074 prior learning within the Utah [
5075 (b) provide for the efficient and effective progression and transfer of students within
5076 the Utah [
5077 (c) avoid the unnecessary duplication of courses;
5078 (d) communicate ways in which a student may earn credit for prior learning; and
5079 (e) allow a student to proceed toward the student's educational objectives as rapidly as
5080 the student's circumstances permit.
5081 (3) The board shall develop, coordinate, and maintain a transfer and articulation system
5082 [
5083 (a) maintains a course numbering system that assigns common numbers to specified
5084 courses of similar level with similar curricular content, rigor, and standards;
5085 (b) allows a student to track courses that transfer among institutions of higher
5086 education to meet requirements for general education and lower division courses that transfer
5087 to baccalaureate majors;
5088 (c) allows a student to transfer courses from a provider with which the board has an
5089 articulation agreement to any institution of higher education;
5090 (d) allows a student to transfer competency-based general education courses from a
5091 regionally accredited institution to an institution of higher education;
5092 (e) improves program planning;
5093 (f) increases communication and coordination between institutions of higher education;
5094 (g) facilitates student acceleration and the transfer of students and credits between
5095 institutions of higher education; and
5096 (h) if the system includes a software or data tool:
5097 (i) provides predictive analysis that models probabilities of student success; and
5098 (ii) develops tailored strategies to best support students.
5099 (4) (a) The board shall identify general education courses in the humanities, social
5100 sciences, arts, physical sciences, and life sciences with uniform prefixes and common course
5101 numbers.
5102 (b) [
5103 identify institution courses that satisfy requirements of courses described in Subsection (4)(a).
5104 (c) [
5105 course described in Subsection (3)(c), (3)(d), or (4)(a) toward filling specific area requirements
5106 for general education or lower division courses that transfer to baccalaureate majors.
5107 (5) (a) The board shall identify common prerequisite courses and course substitutions
5108 for degree programs across [
5109 (b) The commissioner shall appoint committees of faculty members from the
5110 [
5111 courses of similar content and numbering that will satisfy requirements for lower division
5112 courses that transfer to baccalaureate majors.
5113 (c) [
5114 identify institution courses that satisfy requirements of courses described in Subsection (5)(a).
5115 (d) [
5116 course described in Subsection (3)(c), (3)(d), or (5)(a) toward filling graduation requirements.
5117 (6) (a) (i) The board shall seek proposals from providers to enter into articulation
5118 agreements.
5119 (ii) A proposal described in Subsection (6)(a)(i) shall include the general education
5120 courses that the provider intends to include in an articulation agreement.
5121 (b) The board shall:
5122 (i) evaluate each general education course included in a proposal described in
5123 Subsection (6)(a) to determine whether the course is equally rigorous and includes the same
5124 subject matter as the equivalent course offered by any institution of higher education; and
5125 (ii) if the board determines that a course included in a provider's proposal is equally
5126 rigorous and includes the same subject matter as the equivalent course offered by any
5127 institution of higher education, enter into an articulation agreement with the provider.
5128 (7) The board shall establish policies to administer the policies and requirements
5129 described in this section.
5130 (8) The board shall include information demonstrating that institutions of higher
5131 education are complying with the provisions of this section and the policies established in
5132 accordance with Subsection (7) in the annual report described in Section [
5133 53B-1-402.
5134 Section 105. Section 53B-16-107 is amended to read:
5135 53B-16-107. Credit for military service and training -- Notification --
5136 Transferability -- Reporting.
5137 (1) As used in this section, "credit" includes proof of equivalent noncredit course
5138 completion awarded by a technical college.
5139 (2) An institution of higher education listed in Section 53B-2-101 shall provide written
5140 notification to each student applying for admission that the student is required to meet with a
5141 college counselor in order to receive credit for military service and training as recommended by
5142 a postsecondary accreditation agency or association designated by the board [
5143
5144 (a) credit for military service and training is requested by the student; and
5145 (b) the student has met with an advisor at an institution of higher education listed in
5146 Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
5147 program requirements, possible financial aid implications, and other factors that may impact
5148 attainment of the student's educational goals.
5149 (3) Upon transfer within the state system of higher education, a student may present a
5150 transcript to the receiving institution of higher education for evaluation and to determine the
5151 applicability of credit to the student's program of study, and the receiving institution of higher
5152 education shall evaluate the credit to be transferred in accordance with Subsection (2) and the
5153 policies described in Section 53B-16-110.
5154 (4) The board [
5155 annually report the number of credits awarded under this section by each institution of higher
5156 education to the Department of Veterans and Military Affairs.
5157 Section 106. Section 53B-16-110 is amended to read:
5158 53B-16-110. Credit for prior learning -- Board plan and policies -- Reporting.
5159 (1) As used in this section:
5160 (a) "Credit for prior learning" means credit awarded by an institution to a student who
5161 demonstrates, through a prior learning assessment, that the student's prior learning meets
5162 college-level competencies.
5163 (b) "Institution" means an institution of higher education [
5164
5165 (c) "Prior learning" means knowledge, skills, or competencies acquired through formal
5166 or informal education outside the traditional postsecondary academic environment.
5167 (d) "Prior learning assessment" means a method of evaluating or assessing an
5168 individual's prior learning.
5169 [
5170
5171 (2) [
5172 for advising and communicating with students and the public about credit for prior learning [
5173
5174 (3) (a) [
5175 provide minimum standards for all institutions regarding:
5176 (i) accepted forms of prior learning assessments;
5177 (ii) awarding credit for prior learning;
5178 (iii) transferability of credit for prior learning between institutions;
5179 (iv) transcription of credit for prior learning;
5180 (v) institutional procedures for maintaining transparency and consistency in awarding
5181 credit for prior learning;
5182 (vi) communication to faculty, advisors, current students, and prospective students
5183 regarding standards and cost related to credit for prior learning and prior learning assessments;
5184 (vii) required training of faculty and advisors on prior learning assessment standards
5185 and processes; and
5186 (viii) portfolio-specific prior learning assessments.
5187 (b) The board shall ensure that accepted forms of prior learning assessments described
5188 in Subsection (3)(a) include at least the following:
5189 (i) program evaluations, completed by an institution, of noncollegiate programs or
5190 training courses to recognize proficiencies;
5191 (ii) nationally recognized, standardized examinations, including:
5192 (A) Advanced Placement examinations;
5193 (B) College Level Exam Program general examinations;
5194 (C) College Level Exam Program subject examinations; and
5195 (D) DANTES Subject Standardized Tests;
5196 (iii) customized examinations offered by an institution to verify an individual's learning
5197 achievement that may include course final examinations or other examinations that assess
5198 general disciplinary knowledge or skill;
5199 (iv) evaluations of corporate or military training; and
5200 (v) assessments of individuals' portfolios.
5201 (4) (a) The board shall establish minimum scores and maximum credit for each
5202 standardized examination described in Subsection (3)(b)(ii).
5203 (b) An institution shall award credit to a student who demonstrates competency by
5204 passing a standardized examination described in Subsection (3)(b)(ii) unless the award of credit
5205 duplicates credit already awarded.
5206 (5) The board shall:
5207 (a) create and maintain a website that provides [
5208 information on prior learning assessments and credit for prior learning; and
5209 (b) identify a software or data tool that will support the board in:
5210 (i) implementing the plan described in Subsection (2); and
5211 (ii) fulfilling the board's requirements described in Section 53B-16-105.
5212 (6) On or before the November 2019 interim meeting, the board shall report to the
5213 Education Interim Committee on:
5214 (a) the plan described in Subsection (2);
5215 (b) the policies described in Subsection (3); and
5216 (c) the software or data tool described in Subsection (5).
5217 (7) On or before May 1, 2020, an institution shall report to the board:
5218 (a) steps the institution will take to:
5219 (i) implement the plan described in Subsection (2) and the policies described in
5220 Subsection (3); and
5221 (ii) communicate to students about credit for prior learning, including about the
5222 policies described in Subsection (3);
5223 (b) a timeline for the steps described in Subsection (7)(a); and
5224 (c) each form of prior learning assessment for which the institution provides credit for
5225 prior learning that is not described in Subsection (3)(b).
5226 (8) An institution shall annually report to the board on:
5227 (a) each form of prior learning assessment for which the institution provides credit for
5228 prior learning; and
5229 (b) the total amount of credit for prior learning the institution provides to students.
5230 Section 107. Section 53B-16-202 is amended to read:
5231 53B-16-202. Curricula at the community colleges.
5232 The curricula at the colleges shall include [
5233 courses of a general nature which can be transferred to other higher education institutions, adult
5234 and continuing education, and developmental education. The colleges also provide needed
5235 community service. [
5236 priority role of the colleges; and to ensure [
5237 education, the [
5238 maintain the high priority treatment of these programs and address the fact that many
5239 vocational programs are more costly than general education/transfer programs.
5240 Section 108. Section 53B-16-205 is amended to read:
5241 53B-16-205. Establishment of Snow College Richfield campus -- Supervision and
5242 administration -- Transition -- Institutional mission.
5243 (1) There is established a branch campus of Snow College in Richfield, Utah, hereafter
5244 referred to as the Snow College Richfield campus.
5245 (2) Snow College shall administer the branch campus under the general control and
5246 supervision of the [
5247 mission, programs, and curriculum.
5248 (3) Snow College shall:
5249 (a) maintain a strong curriculum in career and technical education courses at the Snow
5250 College Richfield campus and within the region served by Snow College which can be
5251 transferred to other institutions within the higher education system, together with lower
5252 division courses and courses required for associate degrees in science, arts, applied science, and
5253 career and technical education;
5254 (b) work with school districts and charter schools in developing an aggressive
5255 concurrent enrollment program in cooperation with Snow College Richfield campus; and
5256 (c) provide, through the Snow College Richfield Campus, for open-entry, open-exit
5257 competency-based career and technical education programs, at a low cost tuition rate for adults
5258 and at no tuition cost to secondary students, that emphasize short-term job training or retraining
5259 for immediate placement in the job market and serve the geographic area encompassing:
5260 (i) the Juab School District;
5261 (ii) the Millard School District;
5262 (iii) the Tintic School District;
5263 (iv) the North Sanpete School District;
5264 (v) the South Sanpete School District;
5265 (vi) the Wayne School District;
5266 (vii) the Piute School District; and
5267 (viii) the Sevier School District.
5268 (4) Snow College may not exercise any jurisdiction over career and technical education
5269 provided by a school district or charter school independently of Snow College.
5270 (5) Snow College shall report to the [
5271 (a) the status of and maintenance of the effort for career and technical education in the
5272 region served by Snow College, including access to open-entry, open-exit competency-based
5273 career and technical education programs; and
5274 (b) student tuition and fees.
5275 (6) Legislative appropriations to Snow College's career and technical education shall
5276 be made as line items that are separate from other appropriations for Snow College.
5277 Section 109. Section 53B-16-205.5 is amended to read:
5278 53B-16-205.5. Snow College Concurrent Education Program.
5279 (1) As used in this section:
5280 (a) "Interactive video conferencing" means two-way, real-time transmission of audio
5281 and video signals between devices or computers at two or more locations.
5282 (b) "Program" means the Snow College Concurrent Education Program.
5283 (2) Consistent with policies established by the [
5284 College shall establish and administer, subject to legislative appropriations, the Snow College
5285 Concurrent Education Program to provide:
5286 (a) a consistent two-year schedule of concurrent enrollment courses delivered through
5287 interactive video conferencing to secondary school students;
5288 (b) a pathway for a secondary school student to earn college credits that:
5289 (i) apply toward earning an Associate of Science or Associate of Arts degree; or
5290 (ii) satisfy scholarship requirements or other objectives that best meet the needs of an
5291 individual student; and
5292 (c) advisory support to secondary school students who participate in the program and
5293 the secondary school students' school counselors to ensure that students' concurrent enrollment
5294 courses align with the students' academic and career goals.
5295 Section 110. Section 53B-16-209 is amended to read:
5296 53B-16-209. Salt Lake Community College -- School of Applied Technology --
5297 Career and technical education -- Supervision and administration -- Institutional mission.
5298 (1) (a) There is hereby established a School of Applied Technology at Salt Lake
5299 Community College.
5300 (b) Beginning on July 1, 2009, the Salt Lake Skills Center and the Salt Lake County
5301 portion of the Salt Lake/Tooele Applied Technology College shall be established as Salt Lake
5302 Community College's School of Applied Technology.
5303 (2) Salt Lake Community College's School of Applied Technology is a continuation of
5304 the Salt Lake Skills Center and the Salt Lake County portion of the Salt Lake/Tooele Applied
5305 Technology College and shall:
5306 (a) possess all rights, title, privileges, powers, immunities, franchises, endowments,
5307 property, and claims of the Salt Lake Skills Center and the Salt Lake County portion of the Salt
5308 Lake/Tooele Applied Technology College; and
5309 (b) fulfill and perform all obligations of the Salt Lake Skills Center and the Salt Lake
5310 County portion of the Salt Lake/Tooele Applied Technology College.
5311 (3) Salt Lake Community College shall administer the School of Applied Technology.
5312 (4) Salt Lake Community College's School of Applied Technology shall:
5313 (a) provide non-credit career and technical education for both secondary and adult
5314 students, with an emphasis primarily on open-entry, open-exit programs;
5315 (b) ensure that economically disadvantaged, educationally disadvantaged, or other
5316 at-risk students have access to non-credit career and technical education;
5317 (c) maintain a strong curriculum in non-credit career and technical education courses
5318 which can be articulated with credit career and technical education courses within the
5319 institution and within the state system of higher education;
5320 (d) offer noncredit, basic instruction in areas such as reading, language arts, and
5321 mathematics that are necessary for student success in a chosen career and technical education
5322 or job-related program;
5323 (e) offer the curriculum at:
5324 (i) low cost to adult students, consistent with legislative appropriations to the School of
5325 Applied Technology; and
5326 (ii) no tuition cost to secondary students;
5327 (f) provide noncredit career and technical education that will result in:
5328 (i) appropriate licensing, certification, or other evidence of completion of training; and
5329 (ii) qualification for specific employment, with an emphasis on high demand, high
5330 wage, and high skill jobs in business and industry;
5331 (g) develop cooperative agreements within the geographic area served by the School of
5332 Applied Technology with school districts, charter schools, and other higher education
5333 institutions, businesses, industries, and community and private agencies to maximize the
5334 availability of instructional facilities; and
5335 (h) after consulting with school districts and charter schools within the geographic area
5336 served:
5337 (i) ensure that secondary students in the public education system have access to
5338 non-credit career and technical education at each School of Applied Technology location; and
5339 (ii) prepare and submit an annual report to the [
5340 detailing:
5341 (A) how the non-credit career and technical education needs of secondary students
5342 within the region are being met;
5343 (B) what access secondary students within the region have to programs offered at
5344 School of Applied Technology locations;
5345 (C) how the emphasis on high demand, high wage, and high skill jobs in business and
5346 industry is being provided; and
5347 (D) student tuition and fees.
5348 (5) Salt Lake Community College or Salt Lake Community College's School of
5349 Applied Technology may not exercise any jurisdiction over career and technical education
5350 provided by a school district or charter school independently of Salt Lake Community College
5351 or Salt Lake Community College's School of Applied Technology.
5352 (6) Legislative appropriations to Salt Lake Community College's School of Applied
5353 Technology shall be made as a line item that separates it from other appropriations for Salt
5354 Lake Community College.
5355 Section 111. Section 53B-16-303 is amended to read:
5356 53B-16-303. Access to restricted records.
5357 Notwithstanding any other provision of Title 63G, Chapter 2, Government Records
5358 Access and Management Act, access to records restricted by this part shall only be permitted
5359 upon:
5360 (1) written consent of the public institution of higher education originating, receiving,
5361 or maintaining such records; or
5362 (2) a finding by the State Records Committee or a court that the record has not been
5363 properly classified as restricted under Section 63G-2-302, provided that the review of a
5364 restricted classification of a record shall not include considerations of weighing public and
5365 private interests regarding access to a properly classified record as contained in Subsection
5366 63G-2-403(11)(b) or 63G-2-404(7) or Section 63G-2-309. Nothing in this Subsection (2) shall
5367 be construed to limit the authority of the [
5368 disclose a record of a public institution of higher education.
5369 Section 112. Section 53B-16-401 is amended to read:
5370 53B-16-401. Definitions.
5371 As used in this part:
5372 (1) "Cooperating employer" means a public or private entity which, as part of a work
5373 experience and career exploration program offered through an institution of higher education,
5374 provides interns with training and work experience in activities related to the entity's ongoing
5375 business activities.
5376 (2) "Institution of higher education" means any component of the state system of higher
5377 education as defined under Section 53B-1-102 that is authorized by the board [
5378
5379 institution of higher education which offers internship programs under this part.
5380 (3) "Intern" means a student enrolled in a work experience and career exploration
5381 program under Section 53B-16-402 that is sponsored by an institution of higher education,
5382 involving both classroom instruction and work experience with a cooperating employer, for
5383 which the student receives no compensation.
5384 (4) "Internship" means the work experience segment of an intern's work experience and
5385 career exploration program sponsored by an institution of higher education, performed under
5386 the direct supervision of a cooperating employer.
5387 Section 113. Section 53B-16-402 is amended to read:
5388 53B-16-402. Higher education internships.
5389 An institution of higher education may offer internships in connection with work
5390 experience and career exploration programs operated in accordance with rules of the [
5391
5392 Section 114. Section 53B-16-501 is amended to read:
5393 53B-16-501. Nonprofit corporations or foundations -- Purpose.
5394 (1) Dixie State University may form a nonprofit corporation or foundation controlled
5395 by the president of the university and the [
5396 university in attaining its charitable, communications, and other related educational objectives,
5397 including support for media innovation, film festivals, film production, print media,
5398 broadcasting, television, and digital media.
5399 (2) The nonprofit corporation or foundation may receive and administer legislative
5400 appropriations, government grants, contracts, and private gifts to carry out its public purposes.
5401 Section 115. Section 53B-17-101 is amended to read:
5402 53B-17-101. Legislative findings on public broadcasting and telecommunications
5403 for education.
5404 The Legislature finds and determines the following:
5405 (1) The University of Utah's Dolores Dore' Eccles Broadcast Center is the statewide
5406 public broadcasting and telecommunications facility for education in Utah.
5407 (2) The center shall provide services to citizens of the state in cooperation with higher
5408 and public education, state and local government, and private industry.
5409 (3) Distribution services provided through the center shall include KUED - TV, KUER
5410 - FM, and KUEN - TV.
5411 (4) KUED - TV and KUER - FM are licensed to the University of Utah.
5412 (5) The Utah Education and Telehealth Network's broadcast entity, KUEN - TV, is
5413 licensed to the [
5414 with UETN, is operated on behalf of the state's systems of public and higher education.
5415 (6) All the entities referred to in Subsection (3) are under the administrative
5416 supervision of the University of Utah, subject to the authority and governance of the [
5417
5418 (7) This section neither regulates nor restricts a privately owned company in the
5419 distribution or dissemination of educational programs.
5420 Section 116. Section 53B-17-103 is amended to read:
5421 53B-17-103. General powers of University of Utah related to public broadcasting
5422 and telecommunication for education.
5423 (1) Subject to applicable rules of the Federal Communications Commission and the
5424 [
5425 (a) serve as the state's provider of public television services, with programming from
5426 the Public Broadcasting Service and other syndicated and locally produced programs;
5427 (b) serve as the state's primary provider of public radio services, with programming
5428 from National Public Radio and other syndicated and locally produced programs; and
5429 (c) subject to Section 53B-7-103, accept and use gifts and apply for and receive funds
5430 from federal and other sources to carry out the purposes of this part.
5431 (2) Subject to future budget constraints, the Legislature shall provide an annual
5432 appropriation to operate KUED - TV.
5433 (3) This section neither regulates nor restricts a privately owned company in the
5434 distribution or dissemination of educational programs.
5435 Section 117. Section 53B-17-104 is amended to read:
5436 53B-17-104. Responsibilities of the Utah Board of Higher Education, the State
5437 Board of Education, the University of Utah, KUED - TV, KUER - FM, and UETN related
5438 to public broadcasting and telecommunication for education and government.
5439 (1) Subject to applicable rules of the Federal Communications Commission and
5440 Section 53B-17-105, the [
5441 Board of Education, the University of Utah, KUED - TV, KUER - FM, and UETN shall:
5442 (a) coordinate statewide services of public radio and television;
5443 (b) develop, maintain, and operate statewide distribution systems for KUED - TV,
5444 KUER - FM, and KUEN, the statewide distance learning service, the educational data network,
5445 connections to the Internet, and other telecommunications services appropriate for providing
5446 video, audio, and data telecommunication services in support of public and higher education,
5447 state government, and public libraries;
5448 (c) support the delivery of these services to as many communities as may be
5449 economically and technically feasible and lawfully permissible under the various operating
5450 licenses;
5451 (d) cooperate with state and local governmental and educational agencies and provide
5452 leadership and consulting service for telecommunication for education;
5453 (e) represent the state with privately owned telecommunications systems to gain access
5454 to their networks for the delivery of programs and services sponsored or produced by public
5455 and higher education;
5456 (f) acquire, produce, coordinate, and distribute a variety of programs and services of an
5457 educational, cultural, informative, and entertaining nature designed to promote the public
5458 interest and welfare of the state;
5459 (g) coordinate with the state system of higher education to acquire, produce, and
5460 distribute broadcast and nonbroadcast college credit telecourses, teleconferences, and other
5461 instructional and training services;
5462 (h) coordinate with school districts and public schools to acquire, produce, and
5463 distribute broadcast and nonbroadcast telecourses, teleconferences, and other instructional and
5464 training services to the public schools;
5465 (i) coordinate the development of a clearing house for the materials, courses,
5466 publications, media, software, and other applicable information related to the items addressed
5467 in Subsections (1)(g) and (h);
5468 (j) coordinate the provision of the following services to public schools:
5469 (i) broadcast, during school hours, of educational and administrative programs
5470 recommended by the State Board of Education;
5471 (ii) digitization of programs for broadcast purposes; and
5472 (iii) program previewing;
5473 (k) share responsibility for Instructional Television (ITV) awareness and utilization;
5474 and
5475 (l) provide teleconference and training services for state and local governmental
5476 agencies.
5477 (2) This section neither regulates nor restricts a privately owned company in the
5478 distribution or dissemination of education programs.
5479 Section 118. Section 53B-17-105 is amended to read:
5480 53B-17-105. Utah Education and Telehealth Network.
5481 (1) There is created the Utah Education and Telehealth Network, or UETN.
5482 (2) UETN shall:
5483 (a) coordinate and support the telecommunications needs of public and higher
5484 education, public libraries, and entities affiliated with the state systems of public and higher
5485 education as approved by the Utah Education and Telehealth Network Board, including the
5486 statewide development and implementation of a network for education, which utilizes satellite,
5487 microwave, fiber-optic, broadcast, and other transmission media;
5488 (b) coordinate the various telecommunications technology initiatives of public and
5489 higher education;
5490 (c) provide high-quality, cost-effective Internet access and appropriate interface
5491 equipment for schools and school systems;
5492 (d) procure, install, and maintain telecommunication services and equipment on behalf
5493 of public and higher education;
5494 (e) develop or implement other programs or services for the delivery of distance
5495 learning and telehealth services as directed by law;
5496 (f) apply for state and federal funding on behalf of:
5497 (i) public and higher education; and
5498 (ii) telehealth services;
5499 (g) in consultation with health care providers from a variety of health care systems,
5500 explore and encourage the development of telehealth services as a means of reducing health
5501 care costs and increasing health care quality and access, with emphasis on assisting rural health
5502 care providers and special populations; and
5503 (h) in consultation with the Utah Department of Health, advise the governor and the
5504 Legislature on:
5505 (i) the role of telehealth in the state;
5506 (ii) the policy issues related to telehealth;
5507 (iii) the changing telehealth needs and resources in the state; and
5508 (iv) state budgetary matters related to telehealth.
5509 (3) In performing the duties under Subsection (2), UETN shall:
5510 (a) provide services to schools, school districts, and the public and higher education
5511 systems through an open and competitive bidding process;
5512 (b) work with the private sector to deliver high-quality, cost-effective services;
5513 (c) avoid duplicating facilities, equipment, or services of private providers or public
5514 telecommunications service, as defined under Section 54-8b-2;
5515 (d) utilize statewide economic development criteria in the design and implementation
5516 of the educational telecommunications infrastructure; and
5517 (e) assure that public service entities, such as educators, public service providers, and
5518 public broadcasters, are provided access to the telecommunications infrastructure developed in
5519 the state.
5520 (4) The University of Utah shall provide administrative support for UETN.
5521 (5) (a) The Utah Education and Telehealth Network Board, which is the governing
5522 board for UETN, is created.
5523 (b) The Utah Education and Telehealth Network Board shall have 13 members as
5524 follows:
5525 (i) [
5526 least one member represents technical colleges, appointed by the commissioner of higher
5527 education;
5528 (ii) four members representing the state system of public education appointed by the
5529 State Board of Education;
5530 [
5531
5532 [
5533 [
5534 (A) the members may not be employed by the same hospital system;
5535 (B) one member shall represent a rural hospital;
5536 (C) one member shall represent an urban hospital; and
5537 (D) the chief administrator or the administrator's designee for each hospital licensed in
5538 this state shall select the two hospital representatives; and
5539 [
5540 governor.
5541 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
5542 appointed for the unexpired term.
5543 (d) (i) The board shall elect a chair.
5544 (ii) The chair shall set the agenda for the board meetings.
5545 (6) A member of the board may not receive compensation or benefits for the member's
5546 service, but may receive per diem and travel expenses in accordance with:
5547 (a) Section 63A-3-106;
5548 (b) Section 63A-3-107; and
5549 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5550 63A-3-107.
5551 (7) The board:
5552 (a) shall hire an executive director for UETN who may hire staff for UETN as
5553 permitted by the budget;
5554 (b) may terminate the executive director's employment or assignment;
5555 (c) shall determine the executive director's salary;
5556 (d) shall annually conduct a performance evaluation of the executive director;
5557 (e) shall establish policies the board determines are necessary for the operation of
5558 UETN and the administration of UETN's duties; and
5559 (f) shall advise UETN in:
5560 (i) the development and operation of a coordinated, statewide, multi-option
5561 telecommunications system to assist in the delivery of educational services and telehealth
5562 services throughout the state; and
5563 (ii) acquiring, producing, and distributing instructional content.
5564 (8) The executive director of UETN shall be an at-will employee.
5565 (9) UETN shall locate and maintain educational and telehealth telecommunication
5566 infrastructure throughout the state.
5567 (10) Educational institutions shall manage site operations under policy established by
5568 UETN.
5569 (11) Subject to future budget constraints, the Legislature shall provide an annual
5570 appropriation to operate UETN.
5571 (12) If the network operated by the Department of Technology Services is not
5572 available, UETN may provide network connections to the central administration of counties
5573 and municipalities for the sole purpose of transferring data to a secure facility for backup and
5574 disaster recovery.
5575 Section 119. Section 53B-17-503 is amended to read:
5576 53B-17-503. Administration through nonprofit corporations or foundations --
5577 Control -- Authority of corporations or foundations -- Personnel considered employees of
5578 university.
5579 (1) The University of Utah may establish, develop, and administer through nonprofit
5580 corporations or foundations controlled by the president and the [
5581 a research park upon the land acquired by the university under the patent.
5582 (2) The nonprofit corporations or foundations may receive and administer legislative
5583 appropriations, government grants, contracts, and private gifts to carry out their public
5584 purposes.
5585 (3) All salaried employees, agents, officers, faculty, and staff of the nonprofit
5586 corporation or foundation are for the purpose of employee benefits, employees, agents, officers,
5587 faculty, and staff of the University of Utah.
5588 Section 120. Section 53B-17-505 is amended to read:
5589 53B-17-505. City to provide services and facilities to research park -- Fees and
5590 charges -- Disallowance of special improvement district or special taxes.
5591 (1) The Salt Lake City Council shall provide police and fire protection and furnish,
5592 install, and maintain customary municipal services and facilities for street lighting, traffic
5593 control, sidewalks, curb, gutter, drainage, sewage disposal, and water supply to all areas of the
5594 research park established upon lands conveyed to the University of Utah under the patent.
5595 (2) The services and facilities are to be furnished and provided as needed and
5596 determined by the [
5597 other service fees customarily assessed against similar persons, companies, or properties within
5598 the territorial limits of Salt Lake City.
5599 (3) No special improvement district may be created or special taxes imposed with
5600 respect to the services and facilities provided under this section.
5601 Section 121. Section 53B-17-901 is amended to read:
5602 53B-17-901. Admissions -- Increase authorized.
5603 (1) Beginning with the 2013-14 school year and subject to Subsection (2), the
5604 University of Utah School of Medicine may increase the number of students admitted by 40
5605 students for a total of 122 students admitted annually.
5606 (2) Beginning with the 2013-14 school year, no fewer than 82% of the students
5607 admitted annually shall:
5608 (a) meet the qualifications of a resident student for the purpose of tuition in accordance
5609 with:
5610 (i) Section 53B-8-102;
5611 (ii) [
5612 (iii) University of Utah policy on determining resident status;
5613 (b) have graduated from a public or private college or university located in Utah; or
5614 (c) have graduated from a public or private high school located in Utah.
5615 Section 122. Section 53B-17-1203 is amended to read:
5616 53B-17-1203. SafeUT and School Safety Commission established -- Members.
5617 (1) There is created the SafeUT and School Safety Commission composed of the
5618 following members:
5619 (a) one member who represents the Office of the Attorney General, appointed by the
5620 attorney general;
5621 (b) one member who represents the Utah public education system, appointed by the
5622 State Board of Education;
5623 (c) one member who represents the [
5624 higher education, appointed by the [
5625 (d) one member who represents the Utah Department of Health, appointed by the
5626 executive director of the Department of Health;
5627 (e) one member of the House of Representatives, appointed by the speaker of the
5628 House of Representatives;
5629 (f) one member of the Senate, appointed by the president of the Senate;
5630 (g) one member who represents the University Neuropsychiatric Institute, appointed by
5631 the chair of the commission;
5632 (h) one member who represents law enforcement who has extensive experience in
5633 emergency response, appointed by the chair of the commission;
5634 (i) one member who represents the Utah Department of Human Services who has
5635 experience in youth services or treatment services, appointed by the executive director of the
5636 Department of Human Services; and
5637 (j) two members of the public, appointed by the chair of the commission.
5638 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
5639 appointed to four-year terms.
5640 (b) The length of the terms of the members shall be staggered so that approximately
5641 half of the committee is appointed every two years.
5642 (c) When a vacancy occurs in the membership of the commission, the replacement
5643 shall be appointed for the unexpired term.
5644 (3) (a) The attorney general's designee shall serve as chair of the commission.
5645 (b) The chair shall set the agenda for commission meetings.
5646 (4) Attendance of a simple majority of the members constitutes a quorum for the
5647 transaction of official commission business.
5648 (5) Formal action by the commission requires a majority vote of a quorum.
5649 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
5650 compensation, benefits, per diem, or travel expenses for the member's service.
5651 (b) Compensation and expenses of a member who is a legislator are governed by
5652 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
5653 (7) The Office of the Attorney General shall provide staff support to the commission.
5654 Section 123. Section 53B-17-1204 is amended to read:
5655 53B-17-1204. SafeUT and School Safety Commission duties -- LEA governing
5656 board duties -- Fees.
5657 (1) As used in this section:
5658 (a) "LEA governing board" means:
5659 (i) for a school district, the local school board;
5660 (ii) for a charter school, the charter school governing board; or
5661 (iii) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
5662 (b) "Local education agency" or "LEA" means:
5663 (i) a school district;
5664 (ii) a charter school; or
5665 (iii) the Utah Schools for the Deaf and the Blind.
5666 (2) The commission shall coordinate:
5667 (a) statewide efforts related to the SafeUT Crisis Line; and
5668 (b) with the State Board of Education and the [
5669 promote awareness of the services available through the SafeUT Crisis Line.
5670 (3) An LEA governing board shall inform students, parents, and school personnel
5671 about the SafeUT Crisis Line.
5672 (4) (a) Except as provided in Subsection (4)(b), the University Neuropsychiatric
5673 Institute may charge a fee to an institution of higher education or other entity for the use of the
5674 SafeUT Crisis Line in accordance with the method described in Subsection (4)(c).
5675 (b) The University Neuropsychiatric Institute may not charge a fee to the State Board
5676 of Education or a local education agency for the use of the SafeUT Crisis Line.
5677 (c) The commission shall establish a standard method for charging a fee described in
5678 Subsection (4)(a).
5679 Section 124. Section 53B-18-501 is amended to read:
5680 53B-18-501. Nonprofit corporations or foundations -- Purpose.
5681 (1) In addition to any other powers which it now has, Utah State University may form
5682 nonprofit corporations or foundations controlled by the president of the university and the
5683 [
5684 scientific, literary, research, and educational objectives.
5685 (2) The nonprofit corporations or foundations may receive and administer legislative
5686 appropriations, government grants, contracts, and private gifts to carry out their public
5687 purposes.
5688 Section 125. Section 53B-18-1301 is amended to read:
5689 53B-18-1301. Veterinary education program -- Partnership agreement.
5690 (1) With the approval of the [
5691 enter into a partnership agreement with Washington State University to establish a veterinary
5692 education program.
5693 (2) The partnership agreement may provide that:
5694 (a) (i) initially, up to 20 Utah resident students and 10 nonresident students may be
5695 accepted each year into a four-year program leading to a doctorate in veterinary medicine; and
5696 (ii) if resources become available to expand the doctoral program in veterinary
5697 medicine, additional Utah resident students and nonresident students may be accepted into the
5698 program; and
5699 (b) students accepted into the doctoral program in veterinary medicine pursuant to
5700 Subsection (2)(a) complete the first and second years of study at Utah State University and the
5701 third and fourth years of study at Washington State University.
5702 (3) Subject to future budget constraints, the Legislature shall annually provide an
5703 appropriation to pay for the nonresident portion of tuition for Utah students enrolled at
5704 Washington State University under a partnership agreement authorized by this section for the
5705 third and fourth years of a doctoral program in veterinary medicine.
5706 Section 126. Section 53B-21-104 is amended to read:
5707 53B-21-104. Deposit of bond proceeds -- State Building Board responsibilities --
5708 Approval of Division of Facilities Construction and Management.
5709 (1) The [
5710 approval of the state treasurer, deposits the proceeds from the sale of bonds under this chapter
5711 into a special Construction Trust Fund Account established in compliance with the State
5712 Money Management Act of 1974.
5713 (2) The proceeds are credited to the board on behalf of the institution of higher
5714 education for which the bonds were issued.
5715 (3) The proceeds are kept in a separate fund and used solely for the purpose for which
5716 they were authorized by the board.
5717 (4) The State Building Board makes all contracts and executes all instruments which it
5718 considers necessary to provide for the projects referred to in Section 53B-21-101.
5719 (5) The proceeds in the special Construction Trust Fund Account shall be disbursed
5720 only upon receipt of written statements supported by itemized estimates and claims presented
5721 to the Division of Facilities Construction and Management as provided in the resolution
5722 authorizing the issuance of the bonds.
5723 Section 127. Section 53B-21-105 is amended to read:
5724 53B-21-105. Disposition and use of income from operation of buildings --
5725 Payment of principal and interest on bonds.
5726 (1) Except for the revenues paid directly to a trustee under Subsection
5727 53B-21-102(3)(f), all income and revenues from the operation of the buildings under this
5728 chapter are deposited as collected in a fund established in compliance with the State Money
5729 Management Act.
5730 (2) (a) This money is for the payment of the principal and interest on the bonds
5731 authorized under this chapter.
5732 (b) The money shall also be used, to the extent provided in the resolution authorizing
5733 the bonds, to pay for the cost of maintaining and operating the building and to establish
5734 reserves for that purpose.
5735 (3) The [
5736 not less than 15 days prior to the date interest and principal payments are due, transmit to the
5737 paying agent sufficient money from the fund to pay the obligation.
5738 Section 128. Section 53B-21-113 is amended to read:
5739 53B-21-113. Limitation on issuance of bonds.
5740 No bonds may be authorized or issued by the [
5741 board of any institution under this chapter without the prior approval of the Legislature.
5742 Section 129. Section 53B-22-201 is amended to read:
5743 53B-22-201. Definitions.
5744 As used in this part:
5745 (1) "Capital developments" means the same as that term is defined in Section
5746 63A-5-104.
5747 (2) "Consumer Price Index" means the Consumer Price Index for All Urban
5748 Consumers as published by the Bureau of Labor Statistics of the United States Department of
5749 Labor.
5750 (3) "Dedicated project" means a capital development project for which state funds from
5751 an institution's allocation are requested or used.
5752 (4) "Fund" means the Higher Education Capital Projects Fund created in Section
5753 53B-22-202.
5754 (5) "Institution" means [
5755
5756 (6) "Institution's allocation" means the total amount of money in the fund that an
5757 institution has been allocated in accordance with Section 53B-22-203.
5758 (7) "Nondedicated project" means a capital development project for which state funds
5759 from a source other than an institution's allocation are requested or used.
5760 (8) "State funds" means the same as that term is defined in Section 63A-5-104.
5761 Section 130. Section 53B-23-104 is amended to read:
5762 53B-23-104. Centers for processing requests for electronic versions of
5763 instructional materials.
5764 (1) The [
5765 requests for electronic versions of instructional materials pursuant to this chapter.
5766 (2) The institutions designated as within the jurisdiction of a center shall submit
5767 requests for instructional material to the center, which shall transmit the request to the
5768 publisher or manufacturer.
5769 (3) If there is more than one center, each center shall make every effort to coordinate
5770 requests.
5771 (4) The publisher or manufacturer of instructional material shall be required to honor
5772 and respond to only those requests submitted through a designated center.
5773 (5) If a publisher or manufacturer has responded to a request for instructional materials
5774 by a center, all subsequent requests for those instructional materials shall be satisfied by the
5775 center to which the request is made.
5776 Section 131. Section 53B-23-106 is amended to read:
5777 53B-23-106. Board to make rules.
5778 [
5779 Administrative Rulemaking Act, the board shall make rules consistent with this section for its
5780 implementation and administration, including rules addressing:
5781 (1) the designation of materials considered "required or essential to student success";
5782 (2) the determination of the availability of technology for the conversion of nonprinted
5783 materials pursuant to Section 53B-23-103 and the conversion of mathematics and science
5784 materials pursuant to Section 53B-23-102; and
5785 (3) the procedures and standards relating to distribution of files and materials pursuant
5786 to Section 53B-23-103.
5787 Section 132. Section 53B-26-103 is amended to read:
5788 53B-26-103. GOED reporting requirement -- Proposals -- Funding.
5789 (1) Every other year, the Governor's Office of Economic Development shall report to
5790 the Higher Education Appropriations Subcommittee[
5791
5792 projected to support economic growth in the following high need strategic industry clusters:
5793 (a) aerospace and defense;
5794 (b) energy and natural resources;
5795 (c) financial services;
5796 (d) life sciences;
5797 (e) outdoor products;
5798 (f) software development and information technology; and
5799 (g) any other strategic industry cluster designated by the Governor's Office of
5800 Economic Development.
5801 (2) To receive funding under this section, an eligible partnership shall submit a
5802 proposal containing the elements described in Subsection (3) to the Higher Education
5803 Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any succeeding
5804 fiscal year.
5805 (3) A proposal described in Subsection (2) shall include:
5806 (a) a program of instruction that:
5807 (i) is responsive to the workforce needs of a strategic industry cluster described in
5808 Subsection (1):
5809 (A) in one CTE region, for a proposal submitted by a regional partnership; or
5810 (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
5811 (ii) leads to the attainment of a stackable sequence of credentials; and
5812 (iii) includes a non-duplicative progression of courses that include both academic and
5813 CTE content;
5814 (b) expected student enrollment, attainment rates, and job placement rates;
5815 (c) evidence of input and support for the proposal from an industry advisory group;
5816 (d) a description of any financial or in-kind contributions for the program from an
5817 industry advisory group;
5818 (e) a description of the job opportunities available at each exit point in the stackable
5819 sequence of credentials;
5820 (f) evidence of an official action in support of the proposal from[
5821 [
5822
5823 [
5824 [
5825 [
5826 (g) if the program of instruction described in Subsection (3)(a) requires board approval
5827 under Section 53B-16-102, evidence of board approval of the program of instruction; and
5828 (h) a funding request, including justification for the request.
5829 (4) The Higher Education Appropriations Subcommittee shall:
5830 (a) review a proposal submitted under this section using the following criteria:
5831 (i) the proposal contains the elements described in Subsection (3);
5832 (ii) for a proposal from a regional partnership, support for the proposal is widespread
5833 within the CTE region; and
5834 (iii) the proposal expands the capacity to meet state or regional workforce needs;
5835 (b) determine the extent to which to fund the proposal; and
5836 (c) make a recommendation to the Legislature for funding the proposal through the
5837 appropriations process.
5838 (5) An eligible partnership that receives funding under this section:
5839 (a) shall use the money to deliver the program of instruction described in the eligible
5840 partnership's proposal; and
5841 (b) may not use the money for administration.
5842 Section 133. Section 53B-26-202 is amended to read:
5843 53B-26-202. Nursing initiative -- Medical Education Council reporting
5844 requirement -- Proposals -- Funding.
5845 (1) Every even-numbered year, the Medical Education Council created in Section
5846 53B-24-302 shall:
5847 (a) project the demand, by license classification, for individuals to enter a nursing
5848 profession in each region;
5849 (b) receive input from at least one medical association in developing the projections
5850 described in Subsection (1)(a); and
5851 (c) report the projections described in Subsection (1)(a) to:
5852 [
5853 [
5854 (i) the board; and
5855 [
5856 (2) To receive funding under this section, on or before January 5, an eligible program
5857 shall submit to the Higher Education Appropriations Subcommittee, through the budget
5858 process for the [
5859 applicable, a proposal that describes:
5860 (a) a program of instruction offered by the eligible program that is responsive to a
5861 projection described in Subsection (1)(a);
5862 (b) the following information about the eligible program:
5863 (i) expected student enrollment;
5864 (ii) attainment rates;
5865 (iii) job placement rates; and
5866 (iv) passage rates for exams required for licensure for a nursing profession;
5867 (c) the instructional cost per full-time equivalent student enrolled in the eligible
5868 program;
5869 (d) financial or in-kind contributions to the eligible program from:
5870 (i) the health care industry; or
5871 (ii) an institution; and
5872 (e) a funding request, including justification for the request.
5873 (3) The Higher Education Appropriations Subcommittee shall:
5874 (a) review a proposal submitted under this section using the following criteria:
5875 (i) the proposal:
5876 (A) contains the elements described in Subsection (2);
5877 (B) expands the capacity to meet the projected demand described in Subsection (1)(a);
5878 and
5879 (C) has health care industry or institution support; and
5880 (ii) the program of instruction described in the proposal:
5881 (A) is cost effective;
5882 (B) has support from the health care industry or an institution; and
5883 (C) has high passage rates on exams required for licensure for a nursing profession;
5884 (b) determine the extent to which to fund the proposal; and
5885 (c) make an appropriation recommendation to the Legislature on the amount of money
5886 determined under Subsection (3)(b) to the eligible program's institution.
5887 (4) An institution that receives funding under this section shall use the funding to
5888 increase the number of students enrolled in the eligible program for which the institution
5889 receives funding.
5890 (5) On or before November 1, 2020, and annually thereafter, the board shall report to
5891 the Higher Education Appropriations Subcommittee on the elements described in Subsection
5892 (2) for each eligible program funded under this section.
5893 Section 134. Section 53B-27-301 is amended to read:
5894 53B-27-301. Definitions.
5895 As used in this part:
5896 (1) "Civil liberty" means a civil liberty enumerated in the United States Constitution or
5897 the Utah Constitution.
5898 [
5899 [
5900
5901 [
5902 [
5903 Section 63G-3-601.
5904 Section 135. Section 53B-27-303 is amended to read:
5905 53B-27-303. Complaint process -- Reporting.
5906 (1) Before August 1, 2019, [
5907 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing a procedure
5908 whereby a student enrolled in an institution may submit a complaint to the [
5909
5910 civil liberties.
5911 (2) (a) When a student submits a complaint in accordance with the rules adopted under
5912 Subsection (1), the [
5913 (i) examine the complaint and, within 30 days after the day on which the [
5914 board receives the complaint, determine whether the complaint is made in good faith; and
5915 (ii) (A) if the [
5916 direct the institution against which the complaint is made to initiate rulemaking proceedings for
5917 the challenged policy; or
5918 (B) if the [
5919 the complaint.
5920 (b) Before November 30 of each year, [
5921 to the Administrative Rules Review Committee detailing:
5922 (i) the number of complaints the [
5923 (ii) the number of complaints the [
5924 during the preceding year; and
5925 (iii) each policy that is the subject of a good-faith complaint that the [
5926 received during the preceding year.
5927 (3) If [
5928 for a challenged policy in accordance with this section, the institution shall initiate rulemaking
5929 proceedings for the policy within 60 days after the day on which the [
5930 the institution.
5931 Section 136. Section 53B-28-401 is amended to read:
5932 53B-28-401. Campus safety plans and training -- Institution duties -- Governing
5933 board duties.
5934 (1) As used in this section:
5935 (a) "Covered offense" means:
5936 (i) sexual assault;
5937 (ii) domestic violence;
5938 (iii) dating violence; or
5939 (iv) stalking.
5940 [
5941 [
5942
5943 [
5944 [
5945 53B-1-102.
5946 [
5947 or other organization:
5948 (i) of which the majority of members is composed of students enrolled in an institution;
5949 and
5950 (ii) (A) that is officially recognized by the institution; or
5951 (B) seeks to be officially recognized by the institution.
5952 (2) An institution shall develop a campus safety plan that addresses:
5953 (a) where an individual can locate the institution's policies and publications related to a
5954 covered offense;
5955 (b) institution and community resources for a victim of a covered offense;
5956 (c) the rights of a victim of a covered offense, including the measures the institution
5957 takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in
5958 the reporting and response to a covered offense;
5959 (d) how the institution informs the campus community of a crime that presents a threat
5960 to the campus community;
5961 (e) availability, locations, and methods for requesting assistance of security personnel
5962 on the institution's campus;
5963 (f) guidance on how a student may contact law enforcement for incidents that occur off
5964 campus;
5965 (g) institution efforts related to increasing campus safety, including efforts related to
5966 the institution's increased response in providing services to victims of a covered offense, that:
5967 (i) the institution made in the preceding 18 months; and
5968 (ii) the institution expects to make in the upcoming 24 months;
5969 (h) coordination and communication between institution resources and organizations,
5970 including campus law enforcement;
5971 (i) institution coordination with local law enforcement or community resources,
5972 including coordination related to a student's safety at an off-campus location; and
5973 (j) how the institution requires a student organization to provide the campus safety
5974 training as described in Subsection (5).
5975 (3) An institution shall:
5976 (a) prominently post the institution's campus safety plan on the institution's website and
5977 each of the institution's campuses; and
5978 (b) annually update the institution's campus safety plan.
5979 (4) An institution shall develop a campus safety training curriculum that addresses:
5980 (a) awareness and prevention of covered offenses, including information on institution
5981 and community resources for a victim of a covered offense;
5982 (b) bystander intervention; and
5983 (c) sexual consent.
5984 (5) An institution shall require a student organization, in order for the student
5985 organization to receive or maintain official recognition by the institution, to annually provide
5986 campus safety training, using the curriculum described in Subsection (4), to the student
5987 organization's members.
5988 (6) [
5989 (a) on or before July 1, 2019, establish minimum requirements for an institution's
5990 campus safety plan described in Subsection (2);
5991 (b) identify resources an institution may use to develop a campus safety training
5992 curriculum as described in Subsection (4); and
5993 (c) report annually to the Education Interim Committee and the Law Enforcement and
5994 Criminal Justice Interim Committee, at or before the committees' November meetings, on the
5995 implementation of the requirements described in this section.
5996 Section 137. Section 53E-1-201 is amended to read:
5997 53E-1-201. Reports to and action required of the Education Interim Committee.
5998 (1) In accordance with applicable provisions and Section 68-3-14, the following
5999 recurring reports are due to the Education Interim Committee:
6000 (a) the prioritized list of data research described in Section 35A-14-302 and the report
6001 on research described in Section 35A-14-304 by the Utah Data Research Center;
6002 (b) the report described in Section 35A-15-303 by the State Board of Education on
6003 preschool programs;
6004 (c) the report described in Section [
6005
6006 addressing workforce needs;
6007 [
6008
6009 [
6010
6011 (d) the annual report of the Utah Board of Higher Education described in Section
6012 53B-1-402;
6013 [
6014
6015 Education regarding activities related to campus safety;
6016 [
6017 Section 53E-1-203;
6018 [
6019 strategic plan to improve student outcomes;
6020 [
6021 Schools for the Deaf and the Blind;
6022 [
6023 Effective, Actionable, and Dynamic Education director on research and other activities;
6024 [
6025 independent evaluator on an evaluation of early interactive reading software;
6026 [
6027 [
6028 partnership that receives a grant to improve educational outcomes for students who are low
6029 income; and
6030 [
6031 Board, including the information described in Section 63N-12-213 on the status of the
6032 computer science initiative and Section 63N-12-214 on the Computing Partnerships Grants
6033 Program.
6034 (2) In accordance with applicable provisions and Section 68-3-14, the following
6035 occasional reports are due to the Education Interim Committee:
6036 (a) the report described in Section 35A-15-303 by the School Readiness Board by
6037 November 30, 2020, on benchmarks for certain preschool programs;
6038 (b) the report described in Section 53E-3-519 by the state board regarding counseling
6039 services in schools;
6040 (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
6041 and implementing activity based costing;
6042 (d) if required, the report described in Section 53E-4-309 by the state board explaining
6043 the reasons for changing the grade level specification for the administration of specific
6044 assessments;
6045 (e) if required, the report described in Section 53E-5-210 by the state board of an
6046 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
6047 (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
6048 Actionable, and Dynamic Education;
6049 (g) the report described in Section 53F-2-502 by the state board on the program
6050 evaluation of the dual language immersion program;
6051 (h) if required, the report described in Section 53F-2-513 by the state board evaluating
6052 the effects of salary bonuses on the recruitment and retention of effective teachers in high
6053 poverty schools;
6054 (i) upon request, the report described in Section 53F-5-207 by the state board on the
6055 Intergenerational Poverty Intervention Grants Program;
6056 (j) the report described in Section 53F-5-210 by the state board on the Educational
6057 Improvement Opportunities Outside of the Regular School Day Grant Program;
6058 (k) the reports described in Section 53G-11-304 by the state board regarding proposed
6059 rules and results related to educator exit surveys;
6060 (l) upon request, the report described in Section 53G-11-505 by the state board on
6061 progress in implementing employee evaluations;
6062 (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
6063 and Mental Health, the State Board of Education, and the Department of Health regarding
6064 recommendations related to Medicaid reimbursement for school-based health services; and
6065 (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
6066 Planning Commission.
6067 (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
6068 complete the review of the implementation of performance funding.
6069 Section 138. Section 53E-1-203 is amended to read:
6070 53E-1-203. State Superintendent's Annual Report.
6071 (1) The state board shall prepare and submit to the governor, the Education Interim
6072 Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
6073 year, an annual written report known as the State Superintendent's Annual Report that includes:
6074 (a) the operations, activities, programs, and services of the state board;
6075 (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
6076 (c) data on the general condition of the schools with recommendations considered
6077 desirable for specific programs, including:
6078 (i) a complete statement of fund balances;
6079 (ii) a complete statement of revenues by fund and source;
6080 (iii) a complete statement of adjusted expenditures by fund, the status of bonded
6081 indebtedness, the cost of new school plants, and school levies;
6082 (iv) a complete statement of state funds allocated to each school district and charter
6083 school by source, including supplemental appropriations, and a complete statement of
6084 expenditures by each school district and charter school, including supplemental appropriations,
6085 by function and object as outlined in the United States Department of Education publication
6086 "Financial Accounting for Local and State School Systems";
6087 (v) a statement that includes data on:
6088 (A) fall enrollments;
6089 (B) average membership;
6090 (C) high school graduates;
6091 (D) licensed and classified employees, including data reported by school districts on
6092 educator ratings described in Section 53G-11-511;
6093 (E) pupil-teacher ratios;
6094 (F) average class sizes;
6095 (G) average salaries;
6096 (H) applicable private school data; and
6097 (I) data from statewide assessments described in Section 53E-4-301 for each school
6098 and school district;
6099 (vi) statistical information regarding incidents of delinquent activity in the schools or at
6100 school-related activities; and
6101 (vii) other statistical and financial information about the school system that the state
6102 superintendent considers pertinent.
6103 (2) (a) For the purposes of Subsection (1)(c)(v):
6104 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
6105 students enrolled in a school by the number of full-time equivalent teachers assigned to the
6106 school, including regular classroom teachers, school-based specialists, and special education
6107 teachers;
6108 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
6109 the schools within a school district;
6110 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
6111 pupil-teacher ratio of charter schools in the state; and
6112 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
6113 pupil-teacher ratio of public schools in the state.
6114 (b) The report shall:
6115 (i) include the pupil-teacher ratio for:
6116 (A) each school district;
6117 (B) the charter schools aggregated; and
6118 (C) the state's public schools aggregated; and
6119 (ii) identify a website where pupil-teacher ratios for each school in the state may be
6120 accessed.
6121 (3) For each operation, activity, program, or service provided by the state board, the
6122 annual report shall include:
6123 (a) a description of the operation, activity, program, or service;
6124 (b) data and metrics:
6125 (i) selected and used by the state board to measure progress, performance,
6126 effectiveness, and scope of the operation, activity, program, or service, including summary
6127 data; and
6128 (ii) that are consistent and comparable for each state operation, activity, program, or
6129 service;
6130 (c) budget data, including the amount and source of funding, expenses, and allocation
6131 of full-time employees for the operation, activity, program, or service;
6132 (d) historical data from previous years for comparison with data reported under
6133 Subsections (3)(b) and (c);
6134 (e) goals, challenges, and achievements related to the operation, activity, program, or
6135 service;
6136 (f) relevant federal and state statutory references and requirements;
6137 (g) contact information of officials knowledgeable and responsible for each operation,
6138 activity, program, or service; and
6139 (h) other information determined by the state board that:
6140 (i) may be needed, useful, or of historical significance; or
6141 (ii) promotes accountability and transparency for each operation, activity, program, or
6142 service with the public and elected officials.
6143 (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
6144 (i) the report described in Section 53E-3-507 by the state board on career and technical
6145 education needs and program access;
6146 (ii) through October 1, 2022, the report described in Section 53E-3-515 by the state
6147 board on the Hospitality and Tourism Management Career and Technical Education Pilot
6148 Program;
6149 (iii) beginning on July 1, 2020, the report described in Section 53E-3-516 by the state
6150 board on certain incidents that occur on school grounds;
6151 (iv) the report described in Section 53E-4-202 by the state board on the development
6152 and implementation of the core standards for Utah public schools;
6153 (v) the report described in Section 53E-5-310 by the state board on school turnaround
6154 and leadership development;
6155 (vi) the report described in Section 53E-10-308 by the state board and [
6156
6157 program;
6158 (vii) the report described in Section 53F-2-503 by the state board on early literacy;
6159 (viii) the report described in Section 53F-5-506 by the state board on information
6160 related to competency-based education;
6161 (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
6162 and recovery services; and
6163 (x) the report described in Section 53G-10-204 by the state board on methods used, and
6164 the results being achieved, to instruct and prepare students to become informed and responsible
6165 citizens.
6166 (b) The Education Interim Committee or the Public Education Appropriations
6167 Subcommittee may request a report described in Subsection (4)(a) to be reported separately
6168 from the State Superintendent's Annual Report.
6169 (5) The annual report shall be designed to provide clear, accurate, and accessible
6170 information to the public, the governor, and the Legislature.
6171 (6) The state board shall:
6172 (a) submit the annual report in accordance with Section 68-3-14; and
6173 (b) make the annual report, and previous annual reports, accessible to the public by
6174 placing a link to the reports on the state board's website.
6175 (7) (a) Upon request of the Education Interim Committee or Public Education
6176 Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
6177 Report to either committee.
6178 (b) After submitting the State Superintendent's Annual Report in accordance with this
6179 section, the state board may supplement the report at a later time with updated data,
6180 information, or other materials as necessary or upon request by the governor, the Education
6181 Interim Committee, or the Public Education Appropriations Subcommittee.
6182 Section 139. Section 53E-2-302 is amended to read:
6183 53E-2-302. Characteristics of public education system.
6184 The Legislature shall assist in maintaining a public education system that has the
6185 following characteristics:
6186 (1) assumes that all students have the ability to learn and that each student departing
6187 the system will be prepared to achieve success in productive employment, further education, or
6188 both;
6189 (2) provides a personalized education plan or personalized education occupation plan
6190 for each student, which involves the student, the student's parent, and school personnel in
6191 establishing the plan;
6192 (3) provides students with the knowledge and skills to take responsibility for their
6193 decisions and to make appropriate choices;
6194 (4) provides opportunities for students to exhibit the capacity to learn, think, reason,
6195 and work effectively, individually and in groups;
6196 (5) offers world-class core standards that enable students to successfully compete in a
6197 global society, and to succeed as citizens of a constitutional republic;
6198 (6) incorporates an information retrieval system that provides students, parents, and
6199 educators with reliable, useful, and timely data on the progress of each student;
6200 (7) attracts, prepares, inducts, and retains excellent teachers for every classroom in
6201 large part through collaborative efforts among the state board, the [
6202 Utah Board of Higher Education, and school districts, provides effective ongoing professional
6203 development opportunities for teachers to improve their teaching skills, and provides
6204 recognition, rewards, and compensation for their excellence;
6205 (8) empowers each school district and public school to create its own vision and plan
6206 to achieve results consistent with the objectives outlined in this part;
6207 (9) uses technology to improve teaching and learning processes and for the delivery of
6208 educational services;
6209 (10) promotes ongoing research and development projects at the district and the school
6210 level that are directed at improving or enhancing public education;
6211 (11) offers a public school choice program, which gives students and their parents
6212 options to best meet the student's personalized education needs;
6213 (12) emphasizes the involvement of educators, parents, business partnerships, and the
6214 community at large in the educational process by allowing them to be involved in establishing
6215 and implementing educational goals and participating in decision-making at the school site;
6216 and
6217 (13) emphasizes competency-based standards and progress-based assessments,
6218 including tracking and measurement systems.
6219 Section 140. Section 53E-3-502 is amended to read:
6220 53E-3-502. State Board of Education assistance to districts and schools.
6221 In order to assist school districts and individual schools in acquiring and maintaining
6222 the characteristics set forth in Section 53E-2-302, the State Board of Education shall:
6223 (1) provide the framework for an education system, including core competency
6224 standards and their assessment, in which school districts and public schools permit students to
6225 advance by demonstrating competency in subject matter and mastery of skills;
6226 (2) conduct a statewide public awareness program on competency-based educational
6227 systems;
6228 (3) compile and publish, for the state as a whole, a set of educational performance
6229 indicators describing trends in student performance;
6230 (4) promote a public education climate of high expectations and academic excellence;
6231 (5) disseminate successful site-based decision-making models to districts and schools
6232 and provide teacher professional development opportunities and evaluation programs for
6233 site-based plans consistent with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b);
6234 (6) provide a mechanism for widespread dissemination of information about strategic
6235 planning for public education, including involvement of business and industry in the education
6236 process, in order to ensure the understanding and support of all the individuals and groups
6237 concerned with the mission of public education as outlined in Section 53E-2-301;
6238 (7) provide for a research and development clearing house at the state level to receive
6239 and share with school districts and public schools information on effective and innovative
6240 practices and programs in education;
6241 (8) help school districts develop and implement guidelines, strategies, and professional
6242 development programs for administrators and teachers consistent with Subsections
6243 53E-2-302(7) and 53E-6-103(2)(a) and (b) focused on improving interaction with parents and
6244 promoting greater parental involvement in the public schools; and
6245 (9) in concert with the [
6246 the state's colleges of education review and revise teacher licensing requirements to be
6247 consistent with teacher preparation for participation in personalized education programs within
6248 the public schools.
6249 Section 141. Section 53E-3-505 is amended to read:
6250 53E-3-505. Financial and economic literacy education.
6251 (1) As used in this section:
6252 (a) "Financial and economic activities" include activities related to the topics listed in
6253 Subsection (1)(b).
6254 (b) "Financial and economic literacy concepts" include concepts related to the
6255 following topics:
6256 (i) basic budgeting;
6257 (ii) saving and financial investments;
6258 (iii) banking and financial services, including balancing a checkbook or a bank account
6259 and online banking services;
6260 (iv) career management, including earning an income;
6261 (v) rights and responsibilities of renting or buying a home;
6262 (vi) retirement planning;
6263 (vii) loans and borrowing money, including interest, credit card debt, predatory
6264 lending, and payday loans;
6265 (viii) insurance;
6266 (ix) federal, state, and local taxes;
6267 (x) charitable giving;
6268 (xi) identity fraud and theft;
6269 (xii) negative financial consequences of gambling;
6270 (xiii) bankruptcy;
6271 (xiv) economic systems, including a description of:
6272 (A) a command system such as socialism or communism, a market system such as
6273 capitalism, and a mixed system; and
6274 (B) historic and current examples of the effects of each economic system on economic
6275 growth;
6276 (xv) supply and demand;
6277 (xvi) monetary and fiscal policy;
6278 (xvii) effective business plan creation, including using economic analysis in creating a
6279 plan;
6280 (xviii) scarcity and choices;
6281 (xix) opportunity cost and tradeoffs;
6282 (xx) productivity;
6283 (xxi) entrepreneurism; and
6284 (xxii) economic reasoning.
6285 (c) "General financial literacy course" means the course of instruction administered by
6286 the state board under Subsection (3).
6287 (2) The state board shall:
6288 (a) more fully integrate existing and new financial and economic literacy education into
6289 instruction in kindergarten through grade 12 by:
6290 (i) coordinating financial and economic literacy instruction with existing instruction in
6291 other areas of the core standards for Utah public schools, such as mathematics and social
6292 studies;
6293 (ii) using curriculum mapping;
6294 (iii) creating training materials and staff development programs that:
6295 (A) highlight areas of potential coordination between financial and economic literacy
6296 education and other core standards for Utah public schools concepts; and
6297 (B) demonstrate specific examples of financial and economic literacy concepts as a
6298 way of teaching other core standards for Utah public schools concepts; and
6299 (iv) using appropriate financial and economic literacy assessments to improve financial
6300 and economic literacy education and, if necessary, developing assessments;
6301 (b) work with interested public, private, and nonprofit entities to:
6302 (i) identify, and make available to teachers, online resources for financial and
6303 economic literacy education, including modules with interactive activities and turnkey
6304 instructor resources;
6305 (ii) coordinate school use of existing financial and economic literacy education
6306 resources;
6307 (iii) develop simple, clear, and consistent messaging to reinforce and link existing
6308 financial literacy resources;
6309 (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
6310 education providers in implementing methods of appropriately communicating to teachers,
6311 students, and parents key financial and economic literacy messages; and
6312 (v) encourage parents and students to establish higher education savings, including a
6313 Utah Educational Savings Plan account;
6314 (c) make rules to develop guidelines and methods for school districts and charter
6315 schools to more fully integrate financial and economic literacy education into other core
6316 standards for Utah public schools courses; and
6317 (d) in cooperation with school districts, charter schools, and interested private and
6318 nonprofit entities, provide opportunities for professional development in financial and
6319 economic literacy concepts to teachers, including:
6320 (i) a statewide learning community for financial and economic literacy;
6321 (ii) summer workshops; and
6322 (iii) online videos of experts in the field of financial and economic literacy education.
6323 (3) The state board shall:
6324 (a) administer a general financial literacy course in the same manner that the state
6325 board administers other core standards for Utah public school courses for grades 9 through 12;
6326 (b) adopt standards and objectives for the general financial literacy course that address:
6327 (i) financial and economic literacy concepts;
6328 (ii) the costs of going to college, student loans, scholarships, and the Free Application
6329 for Federal Student Aid;
6330 (iii) financial benefits of pursuing concurrent enrollment as defined in Section
6331 53E-10-301; and
6332 (iv) technology that relates to banking, savings, and financial products; and
6333 (c) (i) contract with a provider, through a request for proposals process, to develop an
6334 online, end-of-course assessment for the general financial literacy course;
6335 (ii) require a school district or charter school to administer an online, end-of-course
6336 assessment to a student who takes the general financial literacy course; and
6337 (iii) develop a plan, through the state superintendent, to analyze the results of an
6338 online, end-of-course assessment in general financial literacy that includes:
6339 (A) an analysis of assessment results by standard; and
6340 (B) average scores statewide and by school district and school.
6341 (4) (a) The state board shall establish a task force to study and make recommendations
6342 to the state board on how to improve financial and economic literacy education in the public
6343 school system.
6344 (b) The task force membership shall include representatives of:
6345 (i) the state board;
6346 (ii) school districts and charter schools;
6347 (iii) the [
6348 (iv) private or public entities that teach financial education and share a commitment to
6349 empower individuals and families to achieve economic stability, opportunity, and upward
6350 mobility.
6351 (c) The state board shall convene the task force at least once every three years to
6352 review and recommend adjustments to the standards and objectives of the general financial
6353 literacy course.
6354 Section 142. Section 53E-3-507 is amended to read:
6355 53E-3-507. Powers of the state board.
6356 The state board:
6357 (1) shall establish minimum standards for career and technical education programs in
6358 the public education system;
6359 (2) may apply for, receive, administer, and distribute funds made available through
6360 programs of federal and state governments to promote and aid career and technical education;
6361 (3) shall cooperate with federal and state governments to administer programs that
6362 promote and maintain career and technical education;
6363 (4) shall cooperate with the Utah [
6364 Board of Higher Education, technical colleges, Salt Lake Community College's School of
6365 Applied Technology, Snow College, Utah State University Eastern, and Utah State University
6366 Blanding to ensure that students in the public education system have access to career and
6367 technical education at [
6368 Community College's School of Applied Technology, Snow College, Utah State University
6369 Eastern, and Utah State University Blanding;
6370 (5) shall require that before a minor student may participate in clinical experiences as
6371 part of a health care occupation program at a high school or other institution to which the
6372 student has been referred, the student's parent has:
6373 (a) been first given written notice through appropriate disclosure when registering and
6374 prior to participation that the program contains a clinical experience segment in which the
6375 student will observe and perform specific health care procedures that may include personal
6376 care, patient bathing, and bathroom assistance; and
6377 (b) provided specific written consent for the student's participation in the program and
6378 clinical experience; and
6379 (6) shall, after consulting with school districts, charter schools, the Utah [
6380
6381 Lake Community College's School of Applied Technology, Snow College, Utah State
6382 University Eastern, and Utah State University Blanding, prepare and submit an annual report in
6383 accordance with Section 53E-1-203 detailing:
6384 (a) how the career and technical education needs of secondary students are being met;
6385 and
6386 (b) the access secondary students have to programs offered:
6387 (i) at technical colleges; and
6388 (ii) within the regions served by Salt Lake Community College's School of Applied
6389 Technology, Snow College, Utah State University Eastern, and Utah State University Blanding.
6390 Section 143. Section 53E-4-206 is amended to read:
6391 53E-4-206. Career and college readiness mathematics competency standards.
6392 (1) As used in this section, "qualifying score" means a score established as described in
6393 Subsection (4), that, if met by a student, qualifies the student to receive college credit for a
6394 mathematics course that satisfies the state system of higher education quantitative literacy
6395 requirement.
6396 (2) The state board shall make rules that:
6397 (a) (i) establish the mathematics competency standards described in Subsection (3) as a
6398 graduation requirement beginning with the 2016-17 school year; and
6399 (ii) include the qualifying scores described in Subsection (4); and
6400 (b) establish systematic reporting of college and career ready mathematics
6401 achievement.
6402 (3) In addition to other graduation requirements established by the state board, a
6403 student shall fulfill one of the following requirements to demonstrate mathematics competency
6404 that supports the student's future college and career goals as outlined in the student's college
6405 and career plan:
6406 (a) for a student pursuing a college degree after graduation:
6407 (i) receive a score that at least meets the qualifying score for:
6408 (A) an Advanced Placement calculus or statistics exam;
6409 (B) an International Baccalaureate higher level mathematics exam;
6410 (C) a college-level math placement test described in Subsection (5);
6411 (D) a College Level Examination Program precalculus or calculus exam; or
6412 (E) the ACT Mathematics Test; or
6413 (ii) receive at least a "C" grade in a concurrent enrollment mathematics course that
6414 satisfies the state system of higher education quantitative literacy requirement;
6415 (b) for a non college degree-seeking student, the student shall complete appropriate
6416 math competencies for the student's career goals as described in the student's college and career
6417 plan;
6418 (c) for a student with an individualized education program prepared in accordance with
6419 the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the student shall
6420 meet the mathematics standards described in the student's individualized education program; or
6421 (d) for a senior student with special circumstances as described in state board rule, the
6422 student shall fulfill a requirement associated with the student's special circumstances, as
6423 established in state board rule.
6424 (4) The [
6425 with the state board, determine qualifying scores for the tests and exams described in
6426 Subsection (3)(a)(i).
6427 (5) The [
6428 Higher Education shall make a policy to select at least two tests for college-level math
6429 placement.
6430 (6) The [
6431 with the state board, make policies to:
6432 (a) develop mechanisms for a student who completes a math competency requirement
6433 described in Subsection (3)(a) to:
6434 (i) receive college credit; and
6435 (ii) satisfy the state system of higher education quantitative literacy requirement;
6436 (b) allow a student, upon completion of required high school mathematics courses with
6437 at least a "C" grade, entry into a mathematics concurrent enrollment course;
6438 (c) increase access to a range of mathematics concurrent enrollment courses;
6439 (d) establish a consistent concurrent enrollment course approval process; and
6440 (e) establish a consistent process to qualify high school teachers with an upper level
6441 mathematics endorsement to teach entry level mathematics concurrent enrollment courses.
6442 Section 144. Section 53E-4-308 is amended to read:
6443 53E-4-308. Unique student identifier -- Coordination of higher education and
6444 public education information technology systems -- Coordination of preschool and public
6445 education information technology systems.
6446 (1) As used in this section, "unique student identifier" means an alphanumeric code
6447 assigned to each public education student for identification purposes, which:
6448 (a) is not assigned to any former or current student; and
6449 (b) does not incorporate personal information, including a birth date or Social Security
6450 number.
6451 (2) The state board, through the state superintendent, shall assign each public education
6452 student a unique student identifier, which shall be used to track individual student performance
6453 on achievement tests administered under this part.
6454 (3) The state board and the [
6455 shall coordinate public education and higher education information technology systems to
6456 allow individual student academic achievement to be tracked through both education systems
6457 in accordance with this section and Section 53B-1-109.
6458 (4) The state board and the [
6459 shall coordinate access to the unique student identifier of a public education student who later
6460 attends an institution within the state system of higher education.
6461 (5) (a) The state board and the Department of Workforce Services shall coordinate
6462 assignment of a unique student identifier to each student enrolled in a program described in
6463 Title 35A, Chapter 15, Preschool Programs.
6464 (b) A unique student identifier assigned to a student under Subsection (5)(a) shall
6465 remain the student's unique student identifier used by the state board when the student enrolls
6466 in a public school in kindergarten or a later grade.
6467 (c) The state board, the Department of Workforce Services, and a contractor as defined
6468 in Section 53F-4-401, shall coordinate access to the unique student identifier of a preschool
6469 student who later attends an LEA.
6470 Section 145. Section 53E-6-201 is amended to read:
6471 53E-6-201. State board licensure.
6472 (1) To be fully implemented by July 1, 2020, and, if technology and funds are
6473 available, the state board shall establish in rule a system for educator licensing that includes:
6474 (a) an associate educator license that permits an individual to provide educational
6475 services in a public school while working to meet the requirements of a professional educator
6476 license;
6477 (b) a professional educator license that permits an individual to provide educational
6478 services in a public school after demonstrating that the individual meets licensure requirements
6479 established in state board rule; and
6480 (c) an LEA-specific educator license issued by the state board at the request of an
6481 LEA's governing body that is valid for an individual to provide educational services in the
6482 requesting LEA's schools.
6483 (2) An individual employed in a position that requires licensure by the state board shall
6484 hold the license that is appropriate to the position.
6485 (3) (a) The state board may by rule rank, endorse, or otherwise classify licenses and
6486 establish the criteria for obtaining, retaining, and reinstating licenses.
6487 (b) An educator who is enrolling in a course of study at an institution within the state
6488 system of higher education to satisfy the state board requirements for retaining a license is
6489 exempt from tuition, except for a semester registration fee established by the [
6490
6491 (i) the educator is enrolled on the basis of surplus space in the class after regularly
6492 enrolled students have been assigned and admitted to the class in accordance with regular
6493 procedures, normal teaching loads, and the institution's approved budget; and
6494 (ii) enrollments are determined by each institution under rules and guidelines
6495 established by the [
6496 with findings of fact that space is available for the educator's enrollment.
6497 Section 146. Section 53E-10-301 is amended to read:
6498 53E-10-301. Definitions.
6499 As used in this part:
6500 (1) "Career and technical education course" means a concurrent enrollment course in
6501 career and technical education, as determined by the policy established by the [
6502
6503 (2) "Concurrent enrollment" means enrollment in a course offered through the
6504 concurrent enrollment program described in Section 53E-10-302.
6505 (3) "Educator" means the same as that term is defined in Section 53E-6-102.
6506 (4) "Eligible instructor" means an instructor who meets the requirements described in
6507 Subsection 53E-10-302(5).
6508 (5) "Eligible student" means a student who:
6509 (a) is enrolled in, and counted in average daily membership in, a public school within
6510 the state;
6511 (b) has on file a plan for college and career readiness as described in Section
6512 53E-2-304; and
6513 (c) is in grade 9, 10, 11, or 12.
6514 (6) "Institution of higher education" means an institution [
6515
6516 (7) "License" means the same as that term is defined in Section 53E-6-102.
6517 (8) "Local education agency" or "LEA" means a school district or charter school.
6518 (9) "Qualifying experience" means an LEA employee's experience in an academic field
6519 that:
6520 (a) qualifies the LEA employee to teach a concurrent enrollment course in the
6521 academic field; and
6522 (b) may include the LEA employee's:
6523 (i) number of years teaching in the academic field;
6524 (ii) holding a higher level secondary teaching credential issued by the state board;
6525 (iii) research, publications, or other scholarly work in the academic field;
6526 (iv) continuing professional education in the academic field;
6527 (v) portfolio of work related to the academic field; or
6528 (vi) professional work experience or certifications in the academic field.
6529 (10) "Value of the weighted pupil unit" means the amount established each year in the
6530 enacted public education budget that is multiplied by the number of weighted pupil units to
6531 yield the funding level for the basic state-supported school program.
6532 Section 147. Section 53E-10-302 is amended to read:
6533 53E-10-302. Concurrent enrollment program.
6534 (1) The state board and the [
6535 shall establish and maintain a concurrent enrollment program that:
6536 (a) provides an eligible student the opportunity to enroll in a course that allows the
6537 eligible student to earn credit concurrently:
6538 (i) toward high school graduation; and
6539 (ii) at an institution of higher education;
6540 (b) includes only a course that:
6541 (i) leads to a degree or certificate offered by an institution of higher education; and
6542 (ii) is one of the following:
6543 (A) a general education course;
6544 (B) a career and technical education course;
6545 (C) a pre-major college level course; or
6546 (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
6547 (c) requires that the instructor of a concurrent enrollment course is an eligible
6548 instructor; and
6549 (d) is designed and implemented to take full advantage of the most current available
6550 education technology.
6551 (2) The state board and the [
6552 shall coordinate to:
6553 (a) establish a concurrent enrollment course approval process that ensures:
6554 (i) credit awarded for concurrent enrollment is consistent and transferable to all
6555 institutions of higher education; and
6556 (ii) learning outcomes for a concurrent enrollment course align with:
6557 (A) core standards for Utah public schools adopted by the state board; and
6558 (B) except for a foreign language concurrent enrollment course described in Section
6559 53E-10-307, an institution of higher education lower division course numbered at or above the
6560 1000 level; and
6561 (b) provide advising to an eligible student, including information on:
6562 (i) general education requirements at institutions of higher education; and
6563 (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
6564 hours.
6565 (3) After consultation with institution of higher education concurrent enrollment
6566 directors, the [
6567 (a) provide guidelines to an institution of higher education for establishing qualifying
6568 academic criteria for an eligible student to enroll in a concurrent enrollment course; and
6569 (b) on or before July 1, 2019, establish a policy that:
6570 (i) determines which concurrent enrollment courses are career and technical education
6571 courses; and
6572 (ii) creates a process for:
6573 (A) an LEA to appeal an institution of higher education's decision under Subsection (6)
6574 if the institution of higher education does not approve an LEA employee as an eligible
6575 instructor; and
6576 (B) an LEA or institution of higher education to determine whether an eligible
6577 instructor who previously taught a concurrent enrollment course is no longer qualified to teach
6578 the concurrent enrollment course.
6579 (4) To qualify for funds under Section 53F-2-409, an LEA and an institution of higher
6580 education shall:
6581 (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
6582 more concurrent enrollment courses that are approved under the course approval process
6583 described in Subsection (2);
6584 (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
6585 instructor;
6586 (c) establish qualifying academic criteria for an eligible student to enroll in a
6587 concurrent enrollment course, in accordance with the guidelines described in Subsection (3)(a);
6588 (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
6589 student; and
6590 (e) coordinate advising to eligible students.
6591 (5) (a) An institution of higher education faculty member is an eligible instructor.
6592 (b) An LEA employee is an eligible instructor if the LEA employee:
6593 (i) is licensed under Chapter 6, Education Professional Licensure;
6594 (ii) is supervised by an institution of higher education; and
6595 (iii) (A) as described in Subsection (6), is approved as an eligible instructor by the
6596 institution of higher education that provides the concurrent enrollment course taught by the
6597 LEA employee;
6598 (B) has an upper level mathematics credential issued by the state board;
6599 (C) is approved as adjunct faculty by the institution of higher education that provides
6600 the concurrent enrollment course taught by the LEA employee; or
6601 (D) teaches a concurrent enrollment course that the LEA employee taught during the
6602 2018-19 or 2019-20 school year.
6603 (6) An institution of higher education shall approve an LEA employee as an eligible
6604 instructor:
6605 (a) for a career and technical education concurrent enrollment course, if the LEA
6606 employee has:
6607 (i) a degree, certificate, or industry certification in the concurrent enrollment course's
6608 academic field; or
6609 (ii) qualifying experience, as determined by the institution of higher education; or
6610 (b) for a concurrent enrollment course other than a career and technical education
6611 course, if the LEA employee has:
6612 (i) a master's degree or higher in the concurrent enrollment course's academic field;
6613 (ii) (A) a master's degree or higher in any academic field; and
6614 (B) at least 18 completed credit hours of graduate course work in an academic field
6615 that is relevant to the concurrent enrollment course; or
6616 (iii) qualifying experience, as determined by the institution of higher education.
6617 (7) An institution of higher education shall accept credits earned by a student who
6618 completes a concurrent enrollment course on the same basis as credits earned by a full-time or
6619 part-time student enrolled at the institution of higher education.
6620 Section 148. Section 53E-10-303 is amended to read:
6621 53E-10-303. Designated institution of higher education -- Concurrent enrollment
6622 course right of first refusal.
6623 (1) As used in this section, "designated institution of higher education" means an
6624 institution of higher education that is designated by the [
6625 Higher Education to provide a course or program of study within a specific geographic region.
6626 (2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated
6627 institution of higher education to request that the designated institution of higher education
6628 contract with the LEA to provide the concurrent enrollment course.
6629 (3) If the LEA's designated institution of higher education chooses to offer the
6630 concurrent enrollment course, the LEA shall contract with the LEA's designated institution of
6631 higher education to provide the concurrent enrollment course.
6632 (4) An LEA may contract with an institution of higher education that is not the LEA's
6633 designated institution of higher education to provide a concurrent enrollment course if the
6634 LEA's designated institution of higher education:
6635 (a) chooses not to offer the concurrent enrollment course proposed by the LEA; or
6636 (b) fails to respond to the LEA's request under Subsection (2) within 30 days after the
6637 day on which the LEA contacts the designated institution of higher education.
6638 Section 149. Section 53E-10-304 is amended to read:
6639 53E-10-304. Concurrent enrollment participation form -- Parental permission.
6640 (1) The [
6641 education concurrent enrollment participation form that includes a parental permission form.
6642 (2) Before allowing an eligible student to participate in concurrent enrollment, an LEA
6643 and an institution of higher education shall ensure that the eligible student has, for the current
6644 school year:
6645 (a) submitted the participation form described in Subsection (1);
6646 (b) signed an acknowledgment of program participation requirements; and
6647 (c) obtained parental permission as indicated by the signature of a student's parent on
6648 the parental permission form.
6649 Section 150. Section 53E-10-305 is amended to read:
6650 53E-10-305. Tuition and fees.
6651 (1) Except as provided in this section, the [
6652 Higher Education or an institution of higher education may not charge tuition or fees for a
6653 concurrent enrollment course.
6654 (2) (a) The [
6655 one-time fee for a student to participate in the concurrent enrollment program.
6656 (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
6657 admission application fee requirement for a full-time or part-time student at an institution of
6658 higher education.
6659 (3) (a) An institution of higher education may charge a one-time admission application
6660 fee for concurrent enrollment course credit offered by the institution of higher education.
6661 (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
6662 application fee requirement for a full-time or part-time student at an institution of higher
6663 education.
6664 (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
6665 charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
6666 for which a student earns college credit.
6667 (b) An institution of higher education may not charge more than:
6668 (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
6669 school lunch;
6670 (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
6671 an eligible instructor described in Subsection 53E-10-302(5)(b); or
6672 (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
6673 conferencing.
6674 (5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as
6675 defined in Section 53G-7-601, that is required for a concurrent enrollment course.
6676 Section 151. Section 53E-10-308 is amended to read:
6677 53E-10-308. Reporting.
6678 The state board and the [
6679 submit an annual written report to the Higher Education Appropriations Subcommittee and in
6680 accordance with Section 53E-1-203 on student participation in the concurrent enrollment
6681 program, including:
6682 (1) data on the higher education tuition not charged due to the hours of higher
6683 education credit granted through concurrent enrollment;
6684 (2) tuition or fees charged under Section 53E-10-305;
6685 (3) an accounting of the money appropriated for concurrent enrollment; and
6686 (4) a justification of the distribution method described in Subsections 53F-2-409(3)(d)
6687 and (e).
6688 Section 152. Section 53E-10-704 is amended to read:
6689 53E-10-704. Director Selection Committee -- Membership -- Powers and duties --
6690 Compensation.
6691 (1) There is created the Director Selection Committee to appoint the director.
6692 (2) The selection committee shall consist of the following nine members each
6693 appointed for two-year staggered terms, with the initial terms of the members described in
6694 Subsections (2)(a), (b), and (c) to be three years:
6695 (a) one member of the office of the governor, who is the chair of the selection
6696 committee and appointed by the governor;
6697 (b) one member of the House of Representatives, appointed by the speaker of the
6698 House of Representatives;
6699 (c) one member of the Senate, appointed by the president of the Senate;
6700 (d) one member of the state board, appointed by the chair of the state board;
6701 (e) one member of the [
6702 by the chair of the [
6703 (f) one member appointed by the state superintendent;
6704 (g) one member of the State Charter School Board, appointed by the chair of the State
6705 Charter School Board;
6706 (h) one member of the Utah School Boards Association recognized in Section
6707 53G-4-502, appointed by the association executive director; and
6708 (i) one member of a state association that represents school superintendents, appointed
6709 by the association executive director.
6710 (3) (a) A member of the selection committee may be appointed for more than one term.
6711 (b) If a midterm vacancy occurs on the selection committee, the appointing individual,
6712 as described in Subsection (2), for the vacant position shall appoint an individual for the
6713 remainder of the term.
6714 (4) A majority of the members shall constitute a quorum for the transaction of selection
6715 committee business.
6716 (5) (a) The selection committee shall select and appoint a director for a four-year term.
6717 (b) The director may be appointed for more than one term.
6718 (6) (a) In a year in which the director is appointed, the selection committee shall:
6719 (i) solicit applications for the director position to be submitted no later than June 1;
6720 (ii) hold at least two meetings to discuss candidates for the open director position; and
6721 (iii) select and appoint by majority vote a candidate to fill the director position to begin
6722 employment no later than August 1.
6723 (b) Notwithstanding Subsection (6)(a), if a midterm vacancy in the director position
6724 occurs, the selection committee shall:
6725 (i) no later than 25 business days after the day on which the position is vacated, solicit
6726 applications for the director position;
6727 (ii) hold at least two meetings to discuss candidates for the vacant position; and
6728 (iii) no later than 60 business days after the day on which the position is vacated, select
6729 a candidate to fill the director position for the remainder of the term.
6730 (7) (a) The selection committee:
6731 (i) may remove a director before the completion of the director's term only by a
6732 majority vote of the selection committee; and
6733 (ii) is the only person empowered to remove the director.
6734 (b) The chair shall hold a meeting to consider removing the director upon request of
6735 two or more selection committee members.
6736 (8) A member of the selection committee may not receive compensation except a
6737 member who is a legislator shall receive compensation for travel and other expense
6738 reimbursements in accordance with Section 36-2-2.
6739 (9) The selection committee shall:
6740 (a) establish criteria for evaluation of the ULEAD program, including the degree of
6741 participation by participating institutions and practitioners; and
6742 (b) evaluate the effectiveness of ULEAD every four years for purposes of continuing
6743 the program.
6744 (10) The selection committee shall hold a meeting described in this section in
6745 accordance with Title 52, Chapter 4, Open and Public Meetings Act.
6746 Section 153. Section 53F-2-409 is amended to read:
6747 53F-2-409. Concurrent enrollment funding.
6748 (1) The terms defined in Section 53E-10-301 apply to this section.
6749 (2) The state board shall allocate money appropriated for concurrent enrollment in
6750 accordance with this section.
6751 (3) (a) The state board shall allocate money appropriated for concurrent enrollment in
6752 proportion to the number of credit hours earned for courses taken where:
6753 (i) an LEA primarily bears the cost of instruction; and
6754 (ii) an institution of higher education primarily bears the cost of instruction.
6755 (b) From the money allocated under Subsection (3)(a)(i), the state board shall
6756 distribute:
6757 (i) 60% of the money to LEAs; and
6758 (ii) 40% of the money to the [
6759 (c) From the money allocated under Subsection (3)(a)(ii), the state board shall
6760 distribute:
6761 (i) 40% of the money to LEAs; and
6762 (ii) 60% of the money to the [
6763 (d) The state board shall make rules providing for the distribution of the money to
6764 LEAs under Subsections (3)(b)(i) and (3)(c)(i).
6765 (e) The [
6766 providing for the distribution of the money allocated to institutions of higher education under
6767 Subsections (3)(b)(ii) and (3)(c)(ii).
6768 (4) Subject to budget constraints, the Legislature shall annually increase the money
6769 appropriated for concurrent enrollment in proportion to the percentage increase over the
6770 previous school year in:
6771 (a) kindergarten through grade 12 student enrollment; and
6772 (b) the value of the weighted pupil unit.
6773 (5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
6774 may use the allocation as described in Section 53F-2-206.
6775 Section 154. Section 53F-2-501 is amended to read:
6776 53F-2-501. Early graduation incentives -- Incentive to school district -- Partial
6777 tuition scholarship for student -- Payments.
6778 (1) A secondary public school student who has completed all required courses or
6779 demonstrated mastery of required skills and competencies may graduate at any time with the
6780 approval of:
6781 (a) the student;
6782 (b) the student's parent; and
6783 (c) a local school official who is authorized by the school's principal or director to
6784 approve early graduation.
6785 (2) The state board shall make a payment to a public high school in an amount equal to
6786 1/2 of the scholarship awarded to each student under this section who graduates from the
6787 school at or before the conclusion of grade 11, or a proportionately lesser amount for a student
6788 who graduates after the conclusion of grade 11 but before the conclusion of grade 12.
6789 (3) (a) The state board shall award to each student who graduates from high school at
6790 or before the conclusion of grade 11 a centennial scholarship in the amount of the greater of
6791 30% of the previous year's value of the weighted pupil unit or $1,000, subject to this
6792 Subsection (3) through Subsection (6).
6793 (b) A student who is awarded a centennial scholarship may use the scholarship for full
6794 time enrollment at:
6795 (i) a Utah public college, university, or community college;
6796 (ii) a technical college described in Section 53B-2a-105; or
6797 (iii) any other institution in the state of Utah that:
6798 (A) is accredited by an accrediting organization recognized by the [
6799
6800 (B) offers postsecondary courses of the student's choice.
6801 (c) Before making a payment of a centennial scholarship, the state board shall verify
6802 that the student has registered at an institution described in Subsection (3)(b):
6803 (i) during the fiscal year following the student's graduation from high school; or
6804 (ii) at the end of the student's deferral period, in accordance with Subsection (4).
6805 (d) If a student graduates after the conclusion of grade 11 but before the conclusion of
6806 grade 12, the state board shall award the student a centennial scholarship of a proportionately
6807 lesser amount than the scholarship amount described in Subsection (3)(a).
6808 (4) (a) A student who is eligible for a centennial scholarship under Subsection (3) may
6809 make a request to the state board that the state board defer consideration of the student for the
6810 scholarship for a set period of time.
6811 (b) A student who makes a request under Subsection (4)(a) shall state in the request the
6812 reason for which the student wishes not to be considered for the scholarship until the end of the
6813 deferral period, which may include:
6814 (i) health reasons;
6815 (ii) religious reasons;
6816 (iii) military service; or
6817 (iv) humanitarian service.
6818 (c) If a student makes a request under Subsection (4)(a), the state board shall:
6819 (i) (A) review the student's request; and
6820 (B) approve or reject the student's request; and
6821 (ii) if the state board approves the student's request, in consultation with the student, set
6822 the length of the deferral period, ensuring that the deferral period is sufficient to meet the
6823 student's needs under Subsection (4)(b).
6824 (d) At the end of the deferral period, and upon request of the student, the state board
6825 shall:
6826 (i) determine a student to be eligible for the scholarship if the student was eligible at
6827 the time of the student's request for deferral; and
6828 (ii) if found eligible, make a payment to the student in an amount equal to the amount
6829 described in Subsection (4)(e).
6830 (e) The amount of a student's deferred scholarship payment shall be determined by the
6831 state board based on the amount of the scholarship the student would have been entitled to as
6832 described in Subsection (3) and based on the fiscal year prior to the student's request for
6833 deferral.
6834 (5) Except as provided in Subsection (4)(b), the state board:
6835 (a) shall make the payments authorized in Subsections (2) and (3)(a) during the fiscal
6836 year that follows the student's graduation; and
6837 (b) may make the payments authorized in Subsection (3)(b) during the fiscal year:
6838 (i) in which the student graduates; or
6839 (ii) following the student's graduation.
6840 (6) Subject to future budget constraints, the Legislature shall adjust the appropriation
6841 for the Centennial Scholarship Program based on:
6842 (a) the anticipated increase of students awarded a centennial scholarship; and
6843 (b) the percent increase of the prior year's weighted pupil unit value, as provided in
6844 Subsection (3).
6845 Section 155. Section 53F-5-204 is amended to read:
6846 53F-5-204. Initiative to strengthen college and career readiness.
6847 (1) As used in this section:
6848 (a) "College and career counseling" means:
6849 (i) nurturing college and career aspirations;
6850 (ii) assisting students in planning an academic program that connects to college and
6851 career goals;
6852 (iii) providing early and ongoing exposure to information necessary to make informed
6853 decisions when selecting a college and career;
6854 (iv) promoting participation in college and career assessments;
6855 (v) providing financial aid information; and
6856 (vi) increasing understanding about college admission processes.
6857 (b) "LEA" or "local education agency" means a school district or charter school.
6858 (2) There is created the Strengthening College and Career Readiness Program, a grant
6859 program for LEAs, to improve students' college and career readiness through enhancing the
6860 skill level of school counselors to provide college and career counseling.
6861 (3) The state board shall:
6862 (a) on or before August 1, 2015, collaborate with the [
6863 Board of Higher Education, and business, community, and education stakeholders to develop a
6864 certificate for school counselors that:
6865 (i) certifies that a school counselor is highly skilled at providing college and career
6866 counseling; and
6867 (ii) is aligned with the Utah Comprehensive Counseling and Guidance Program as
6868 defined in rules established by the state board;
6869 (b) subject to legislative appropriations, award grants to LEAs, on a competitive basis,
6870 for payment of course fees for courses required to earn the certificate developed by the state
6871 board under Subsection (3)(a); and
6872 (c) make rules specifying:
6873 (i) procedures for applying for and awarding grants under this section;
6874 (ii) criteria for awarding grants; and
6875 (iii) reporting requirements for grantees.
6876 (4) An LEA that receives a grant under this section shall use the grant for payment of
6877 course fees for courses required to attain the certificate as determined by the state board under
6878 Subsection (3)(a).
6879 Section 156. Section 53F-5-205 is amended to read:
6880 53F-5-205. Paraeducator to Teacher Scholarship Program -- Grants for math
6881 teacher training programs.
6882 (1) (a) The terms defined in Section 53E-6-102 apply to this section.
6883 (b) As used in this section, "paraeducator" means a school employee who:
6884 (i) delivers instruction under the direct supervision of a teacher; and
6885 (ii) works in an area where there is a shortage of qualified teachers, such as special
6886 education, Title I, ESL, reading remediation, math, or science.
6887 (2) The Paraeducator to Teacher Scholarship Program is created to award scholarships
6888 to paraeducators for education and training to become licensed teachers.
6889 (3) The state board shall use money appropriated for the Paraeducator to Teacher
6890 Scholarship Program to award scholarships of up to $5,000 to paraeducators employed by
6891 school districts and charter schools who are pursuing an associate's degree or bachelor's degree
6892 program to become a licensed teacher.
6893 (4) A paraeducator is eligible to receive a scholarship if:
6894 (a) the paraeducator is employed by a school district or charter school;
6895 (b) is admitted to, or has made an application to, an associate's degree program or
6896 bachelor's degree program that will prepare the paraeducator for teacher licensure; and
6897 (c) the principal at the school where the paraeducator is employed has nominated the
6898 paraeducator for a scholarship.
6899 (5) (a) The state board shall establish a committee to select scholarship recipients from
6900 nominations submitted by school principals.
6901 (b) The committee shall include representatives of the state board, [
6902
6903 and charter school employees.
6904 (c) A member may not receive compensation or benefits for the member's service, but
6905 may receive per diem and travel expenses in accordance with:
6906 (i) Section 63A-3-106;
6907 (ii) Section 63A-3-107; and
6908 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6909 63A-3-107.
6910 (d) The committee shall select scholarship recipients based on the following criteria:
6911 (i) test scores, grades, or other evidence demonstrating the applicant's ability to
6912 successfully complete a teacher education program; and
6913 (ii) the applicant's record of success as a paraeducator.
6914 (6) The maximum scholarship amount is $5,000.
6915 (7) Scholarship money may only be used to pay for tuition costs:
6916 (a) of:
6917 (i) an associate's degree program that fulfills credit requirements for the first two years
6918 of a bachelor's degree program leading to teacher licensure; or
6919 (ii) the first two years of a bachelor's degree program leading to teacher licensure; and
6920 (b) at a higher education institution:
6921 (i) located in Utah; and
6922 (ii) accredited by the Northwest Commission on Colleges and Universities.
6923 (8) A scholarship recipient must be continuously employed as a paraeducator by a
6924 school district or charter school while pursuing a degree using scholarship money.
6925 (9) The state board shall make rules in accordance with this section to administer the
6926 Paraeducator to Teacher Scholarship Program, including rules establishing:
6927 (a) scholarship application procedures;
6928 (b) the number of, and qualifications for, committee members who select scholarship
6929 recipients; and
6930 (c) procedures for distributing scholarship money.
6931 (10) If the state obtains matching funds of equal sums from private contributors, the
6932 state board may award grants to institutions of higher education or nonprofit educational
6933 organizations for programs that provide:
6934 (a) mentoring and training leading to a secondary education license with a certificate in
6935 mathematics for an individual who:
6936 (i) is not a teacher in a public or private school;
6937 (ii) does not have a teaching license;
6938 (iii) has a bachelor's degree or higher; and
6939 (iv) demonstrates a high level of mathematics competency by:
6940 (A) successfully completing substantial course work in mathematics; and
6941 (B) passing a mathematics content exam; or
6942 (b) a stipend, professional development, and leadership opportunities to an experienced
6943 mathematics teacher who demonstrates high content knowledge and exemplary teaching and
6944 leadership skills to assist the teacher in becoming a teacher leader.
6945 (11) (a) The state board shall make rules that establish criteria for awarding grants
6946 under this section.
6947 (b) In awarding grants, the state board shall consider the amount or percent of matching
6948 funds provided by the grant recipient.
6949 Section 157. Section 53G-5-102 is amended to read:
6950 53G-5-102. Definitions.
6951 As used in this chapter:
6952 (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
6953 includes:
6954 (a) cash;
6955 (b) stock or other investments;
6956 (c) real property;
6957 (d) equipment and supplies;
6958 (e) an ownership interest;
6959 (f) a license;
6960 (g) a cause of action; and
6961 (h) any similar property.
6962 (2) "Board of trustees of a higher education institution" or "board of trustees" means:
6963 (a) the board of trustees of:
6964 (i) the University of Utah;
6965 (ii) Utah State University;
6966 (iii) Weber State University;
6967 (iv) Southern Utah University;
6968 (v) Snow College;
6969 (vi) Dixie State University;
6970 (vii) Utah Valley University; or
6971 (viii) Salt Lake Community College; or
6972 (b) [
6973 53B-2a-108.
6974 (3) "Charter school authorizer" or "authorizer" means an entity listed in Section
6975 53G-5-205 that authorizes a charter school.
6976 Section 158. Section 53G-5-306 is amended to read:
6977 53G-5-306. Charter schools authorized by a board of trustees of a higher
6978 education institution -- Application process -- Board of trustees responsibilities.
6979 (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302
6980 may enter into an agreement with a board of trustees of a higher education institution
6981 authorizing the applicant to establish and operate a charter school.
6982 (2) (a) An applicant applying for authorization from a board of trustees to establish and
6983 operate a charter school shall provide a copy of the application to the State Charter School
6984 Board and the local school board of the school district in which the proposed charter school
6985 will be located either before or at the same time the applicant files the application with the
6986 board of trustees.
6987 (b) The State Charter School Board and the local school board may review the
6988 application and offer suggestions or recommendations to the applicant or the board of trustees
6989 before acting on the application.
6990 (c) The board of trustees shall give due consideration to suggestions or
6991 recommendations made by the State Charter School Board or the local school board under
6992 Subsection (2)(b).
6993 (3) The state board shall make a rule providing a timeline for the opening of a charter
6994 school following the approval of a charter school application by a board of trustees.
6995 (4) After approval of a charter school application, the applicant and the board of
6996 trustees shall set forth the terms and conditions for the operation of the charter school in a
6997 written charter agreement.
6998 (5) (a) The school's charter agreement may include a provision that the charter school
6999 pay an annual fee for the board of trustees' costs in providing oversight of, and technical
7000 support to, the charter school in accordance with Section 53G-5-205.
7001 (b) In the first two years that a charter school is in operation, an annual fee described in
7002 Subsection (5)(a) may not exceed the product of 3% of the revenue the charter school receives
7003 from the state in the current fiscal year.
7004 (c) Beginning with the third year that a charter school is in operation, an annual fee
7005 described in Subsection (5)(a) may not exceed the product of 1% of the revenue a charter
7006 school receives from the state in the current fiscal year.
7007 (d) An annual fee described in Subsection (5)(a) shall be:
7008 (i) paid to the board of trustees' higher education institution; and
7009 (ii) expended as directed by the board of trustees.
7010 (6) (a) In addition to complying with the requirements of this section, a technical
7011 college board of [
7012 of the [
7013 before entering into an agreement to establish and operate a charter school.
7014 (b) If a technical college board of [
7015 establish and operate a charter school, the technical college board of [
7016 submit the application to the [
7017 Board of Higher Education.
7018 (c) The [
7019 Education shall, by majority vote, within 60 days of receipt of an application described in
7020 Subsection (6)(b), approve or deny the application.
7021 (d) The [
7022 Education may deny an application approved by a technical college board of [
7023 if the proposed charter school does not accomplish a purpose of charter schools as provided in
7024 Section 53G-5-104.
7025 (e) A charter school application may not be denied on the basis that the establishment
7026 of the charter school will have any or all of the following impacts on a public school, including
7027 another charter school:
7028 (i) an enrollment decline;
7029 (ii) a decrease in funding; or
7030 (iii) a modification of programs or services.
7031 (7) (a) Subject to the requirements of this chapter and other related provisions, a
7032 technical college board of [
7033 (i) procedures for submitting applications to establish and operate a charter school; or
7034 (ii) criteria for approval of an application to establish and operate a charter school.
7035 (b) The [
7036 Education may not establish policy governing the procedures or criteria described in
7037 Subsection (7)(a).
7038 (8) Before a technical college board of [
7039 application, the technical college board of [
7040 board rules, establish and make public:
7041 (a) application requirements, in accordance with Section 53G-5-302;
7042 (b) the application process, including timelines, in accordance with this section; and
7043 (c) minimum academic, financial, and enrollment standards.
7044 Section 159. Section 53G-10-303 is amended to read:
7045 53G-10-303. Teaching of American sign language.
7046 (1) The Legislature recognizes that American sign language is a fully developed,
7047 autonomous, natural language with distinct grammar, syntax, and art forms.
7048 (2) American sign language shall be accorded equal status with other linguistic systems
7049 in the state's public and higher education systems.
7050 (3) The state board, in consultation with the state's school districts and members of the
7051 deaf and hard of hearing community, shall develop and implement policies and procedures for
7052 the teaching of American sign language in the state's public education system at least at the
7053 middle school or high school level.
7054 (4) A student may count credit received for completion of a course in American sign
7055 language at the middle school or high school level toward the satisfaction of a foreign language
7056 requirement in the public education system under rules made by the state board.
7057 (5) The [
7058 the state's public institutions of higher education and members of the state's deaf and hard of
7059 hearing community, shall develop and implement policies and procedures for offering
7060 instruction in American sign language in the state's system of higher education.
7061 (6) The Joint Liaison Committee, in consultation with members of the state's deaf and
7062 hard of hearing community, shall review any policies and procedures developed under this
7063 section and make recommendations to either or both boards regarding the policies.
7064 Section 160. Section 54-8b-10 is amended to read:
7065 54-8b-10. Imposing a surcharge to provide deaf, hard of hearing, and speech
7066 impaired individuals with telecommunication devices -- Definitions -- Procedures for
7067 establishing program -- Surcharge -- Administration and disposition of surcharge money.
7068 (1) As used in this section:
7069 (a) "Certified deaf, hard of hearing, or severely speech impaired individual" means any
7070 state resident who:
7071 (i) is so certified by:
7072 (A) a licensed physician;
7073 (B) a licensed physician assistant;
7074 (C) an otolaryngologist;
7075 (D) a speech language pathologist;
7076 (E) an audiologist; or
7077 (F) a qualified state agency; and
7078 (ii) qualifies for assistance under any low income public assistance program
7079 administered by a state agency.
7080 (b) "Certified interpreter" means a person who is a certified interpreter under Title
7081 35A, Chapter 13, Part 6, Interpreter Services for the Deaf and Hard of Hearing Act.
7082 (c) (i) "Telecommunication device" means any mechanical adaptation device that
7083 enables a deaf, hard of hearing, or severely speech impaired individual to use the telephone.
7084 (ii) "Telecommunication device" includes:
7085 (A) telecommunication devices for the deaf (TDD);
7086 (B) telephone amplifiers;
7087 (C) telephone signal devices;
7088 (D) artificial larynxes; and
7089 (E) adaptive equipment for TDD keyboard access.
7090 (2) The commission shall establish a program whereby a certified deaf, hard of hearing,
7091 or severely speech impaired customer of a telecommunications corporation that provides
7092 service through a local exchange or of a wireless telecommunications provider may obtain a
7093 telecommunication device capable of serving the customer at no charge to the customer beyond
7094 the rate for basic service.
7095 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
7096 using third party intervention to connect a certified deaf, hard of hearing, or severely speech
7097 impaired individual with a normal hearing individual by way of telecommunication devices
7098 designed for that purpose.
7099 (b) The commission may, by rule, establish the type of telecommunications device to
7100 be provided to ensure functional equivalence.
7101 (4) The commission shall cover the costs of the program described in this section from
7102 the Universal Public Telecommunications Service Support Fund created in Section 54-8b-15.
7103 (5) In administering the program described in this section, the commission may use
7104 funds from the Universal Public Telecommunications Service Support Fund:
7105 (a) for the purchase, maintenance, repair, and distribution of telecommunication
7106 devices;
7107 (b) for the acquisition, operation, maintenance, and repair of a dual party relay system;
7108 (c) for the general administration of the program;
7109 (d) to train individuals in the use of telecommunications devices; and
7110 (e) to contract, in compliance with Title 63G, Chapter 6a, Utah Procurement Code,
7111 with:
7112 (i) an institution within the state system of higher education listed in Section
7113 53B-1-102 for a program approved by the [
7114 that trains persons to qualify as certified interpreters; or
7115 (ii) the Utah State Office of Rehabilitation created in Section 35A-1-202 for a program
7116 that trains persons to qualify as certified interpreters.
7117 (6) The commission may create disbursement criteria and procedures by rule made
7118 under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for administering funds
7119 under Subsection (5).
7120 (7) The commission shall solicit advice, counsel, and physical assistance from deaf,
7121 hard of hearing, or severely speech impaired individuals and the organizations serving deaf,
7122 hard of hearing, or severely speech impaired individuals in the design and implementation of
7123 the program.
7124 Section 161. Section 58-22-302 is amended to read:
7125 58-22-302. Qualifications for licensure.
7126 (1) Each applicant for licensure as a professional engineer shall:
7127 (a) submit an application in a form prescribed by the division;
7128 (b) pay a fee determined by the department under Section 63J-1-504;
7129 (c) provide satisfactory evidence of good moral character;
7130 (d) (i) have graduated and received a bachelors or masters degree from an engineering
7131 program meeting criteria established by rule by the division in collaboration with the board; or
7132 (ii) have completed the Transportation Engineering Technology and Fundamental
7133 Engineering College Program before July 1, 1998, under the direction of the Utah Department
7134 of Transportation and as certified by the Utah Department of Transportation;
7135 (e) have successfully completed a program of qualifying experience established by rule
7136 by the division in collaboration with the board;
7137 (f) have successfully passed examinations established by rule by the division in
7138 collaboration with the board; and
7139 (g) meet with the board or representative of the division upon request for the purpose
7140 of evaluating the applicant's qualification for licensure.
7141 (2) Each applicant for licensure as a professional structural engineer shall:
7142 (a) submit an application in a form prescribed by the division;
7143 (b) pay a fee determined by the department under Section 63J-1-504;
7144 (c) provide satisfactory evidence of good moral character;
7145 (d) have graduated and received an earned bachelors or masters degree from an
7146 engineering program meeting criteria established by rule by the division in collaboration with
7147 the board;
7148 (e) have successfully completed three years of licensed professional engineering
7149 experience established by rule by the division in collaboration with the board, except that prior
7150 to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
7151 prescribed by the division stating that the applicant is currently engaged in the practice of
7152 structural engineering;
7153 (f) have successfully passed examinations established by rule by the division in
7154 collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
7155 may submit a signed affidavit in a form prescribed by the division stating that the applicant is
7156 currently engaged in the practice of structural engineering; and
7157 (g) meet with the board or representative of the division upon request for the purpose
7158 of evaluating the applicant's qualification for licensure.
7159 (3) Each applicant for licensure as a professional land surveyor shall:
7160 (a) submit an application in a form prescribed by the division;
7161 (b) pay a fee determined by the department under Section 63J-1-504;
7162 (c) provide satisfactory evidence of good moral character;
7163 (d) (i) have graduated and received an associates, bachelors, or masters degree from a
7164 land surveying program, or an equivalent land surveying program, such as a program offered by
7165 a technical college described in Section 53B-2a-105, as approved by the [
7166
7167 with the board, and have successfully completed a program of qualifying experience in land
7168 surveying established by rule by the division in collaboration with the board; or
7169 (ii) have successfully completed a program of qualifying experience in land surveying
7170 prior to January 1, 2007, in accordance with rules established by the division in collaboration
7171 with the board;
7172 (e) have successfully passed examinations established by rule by the division in
7173 collaboration with the board; and
7174 (f) meet with the board or representative of the division upon request for the purpose of
7175 evaluating the applicant's qualification for licensure.
7176 (4) Each applicant for licensure by endorsement shall:
7177 (a) submit an application in a form prescribed by the division;
7178 (b) pay a fee determined by the department under Section 63J-1-504;
7179 (c) provide satisfactory evidence of good moral character;
7180 (d) submit satisfactory evidence of:
7181 (i) current licensure in good standing in a jurisdiction recognized by rule by the
7182 division in collaboration with the board;
7183 (ii) having successfully passed an examination established by rule by the division in
7184 collaboration with the board; and
7185 (iii) full-time employment as a principal for at least five of the last seven years
7186 immediately preceding the date of the application as a:
7187 (A) licensed professional engineer for licensure as a professional engineer;
7188 (B) licensed professional structural engineer for licensure as a structural engineer; or
7189 (C) licensed professional land surveyor for licensure as a professional land surveyor;
7190 and
7191 (e) meet with the board or representative of the division upon request for the purpose
7192 of evaluating the applicant's qualifications for license.
7193 (5) The rules made to implement this section shall be in accordance with Title 63G,
7194 Chapter 3, Utah Administrative Rulemaking Act.
7195 Section 162. Section 59-12-102 is amended to read:
7196 59-12-102. Definitions.
7197 As used in this chapter:
7198 (1) "800 service" means a telecommunications service that:
7199 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
7200 (b) is typically marketed:
7201 (i) under the name 800 toll-free calling;
7202 (ii) under the name 855 toll-free calling;
7203 (iii) under the name 866 toll-free calling;
7204 (iv) under the name 877 toll-free calling;
7205 (v) under the name 888 toll-free calling; or
7206 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
7207 Federal Communications Commission.
7208 (2) (a) "900 service" means an inbound toll telecommunications service that:
7209 (i) a subscriber purchases;
7210 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
7211 the subscriber's:
7212 (A) prerecorded announcement; or
7213 (B) live service; and
7214 (iii) is typically marketed:
7215 (A) under the name 900 service; or
7216 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
7217 Communications Commission.
7218 (b) "900 service" does not include a charge for:
7219 (i) a collection service a seller of a telecommunications service provides to a
7220 subscriber; or
7221 (ii) the following a subscriber sells to the subscriber's customer:
7222 (A) a product; or
7223 (B) a service.
7224 (3) (a) "Admission or user fees" includes season passes.
7225 (b) "Admission or user fees" does not include annual membership dues to private
7226 organizations.
7227 (4) "Affiliate" or "affiliated person" means a person that, with respect to another
7228 person:
7229 (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
7230 person; or
7231 (b) is related to the other person because a third person, or a group of third persons who
7232 are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
7233 whether direct or indirect, in the related persons.
7234 (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
7235 November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
7236 Agreement after November 12, 2002.
7237 (6) "Agreement combined tax rate" means the sum of the tax rates:
7238 (a) listed under Subsection (7); and
7239 (b) that are imposed within a local taxing jurisdiction.
7240 (7) "Agreement sales and use tax" means a tax imposed under:
7241 (a) Subsection 59-12-103(2)(a)(i)(A);
7242 (b) Subsection 59-12-103(2)(b)(i);
7243 (c) Subsection 59-12-103(2)(c)(i);
7244 (d) Subsection 59-12-103(2)(d)(i)(A)(I);
7245 (e) Section 59-12-204;
7246 (f) Section 59-12-401;
7247 (g) Section 59-12-402;
7248 (h) Section 59-12-402.1;
7249 (i) Section 59-12-703;
7250 (j) Section 59-12-802;
7251 (k) Section 59-12-804;
7252 (l) Section 59-12-1102;
7253 (m) Section 59-12-1302;
7254 (n) Section 59-12-1402;
7255 (o) Section 59-12-1802;
7256 (p) Section 59-12-2003;
7257 (q) Section 59-12-2103;
7258 (r) Section 59-12-2213;
7259 (s) Section 59-12-2214;
7260 (t) Section 59-12-2215;
7261 (u) Section 59-12-2216;
7262 (v) Section 59-12-2217;
7263 (w) Section 59-12-2218;
7264 (x) Section 59-12-2219; or
7265 (y) Section 59-12-2220.
7266 (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
7267 (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
7268 (a) except for:
7269 (i) an airline as defined in Section 59-2-102; or
7270 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
7271 includes a corporation that is qualified to do business but is not otherwise doing business in the
7272 state, of an airline; and
7273 (b) that has the workers, expertise, and facilities to perform the following, regardless of
7274 whether the business entity performs the following in this state:
7275 (i) check, diagnose, overhaul, and repair:
7276 (A) an onboard system of a fixed wing turbine powered aircraft; and
7277 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
7278 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
7279 engine;
7280 (iii) perform at least the following maintenance on a fixed wing turbine powered
7281 aircraft:
7282 (A) an inspection;
7283 (B) a repair, including a structural repair or modification;
7284 (C) changing landing gear; and
7285 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
7286 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
7287 completely apply new paint to the fixed wing turbine powered aircraft; and
7288 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
7289 results in a change in the fixed wing turbine powered aircraft's certification requirements by the
7290 authority that certifies the fixed wing turbine powered aircraft.
7291 (10) "Alcoholic beverage" means a beverage that:
7292 (a) is suitable for human consumption; and
7293 (b) contains .5% or more alcohol by volume.
7294 (11) "Alternative energy" means:
7295 (a) biomass energy;
7296 (b) geothermal energy;
7297 (c) hydroelectric energy;
7298 (d) solar energy;
7299 (e) wind energy; or
7300 (f) energy that is derived from:
7301 (i) coal-to-liquids;
7302 (ii) nuclear fuel;
7303 (iii) oil-impregnated diatomaceous earth;
7304 (iv) oil sands;
7305 (v) oil shale;
7306 (vi) petroleum coke; or
7307 (vii) waste heat from:
7308 (A) an industrial facility; or
7309 (B) a power station in which an electric generator is driven through a process in which
7310 water is heated, turns into steam, and spins a steam turbine.
7311 (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
7312 facility" means a facility that:
7313 (i) uses alternative energy to produce electricity; and
7314 (ii) has a production capacity of two megawatts or greater.
7315 (b) A facility is an alternative energy electricity production facility regardless of
7316 whether the facility is:
7317 (i) connected to an electric grid; or
7318 (ii) located on the premises of an electricity consumer.
7319 (13) (a) "Ancillary service" means a service associated with, or incidental to, the
7320 provision of telecommunications service.
7321 (b) "Ancillary service" includes:
7322 (i) a conference bridging service;
7323 (ii) a detailed communications billing service;
7324 (iii) directory assistance;
7325 (iv) a vertical service; or
7326 (v) a voice mail service.
7327 (14) "Area agency on aging" means the same as that term is defined in Section
7328 62A-3-101.
7329 (15) "Assisted amusement device" means an amusement device, skill device, or ride
7330 device that is started and stopped by an individual:
7331 (a) who is not the purchaser or renter of the right to use or operate the amusement
7332 device, skill device, or ride device; and
7333 (b) at the direction of the seller of the right to use the amusement device, skill device,
7334 or ride device.
7335 (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
7336 washing of tangible personal property if the cleaning or washing labor is primarily performed
7337 by an individual:
7338 (a) who is not the purchaser of the cleaning or washing of the tangible personal
7339 property; and
7340 (b) at the direction of the seller of the cleaning or washing of the tangible personal
7341 property.
7342 (17) "Authorized carrier" means:
7343 (a) in the case of vehicles operated over public highways, the holder of credentials
7344 indicating that the vehicle is or will be operated pursuant to both the International Registration
7345 Plan and the International Fuel Tax Agreement;
7346 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
7347 certificate or air carrier's operating certificate; or
7348 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
7349 stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
7350 stock in more than one state.
7351 (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
7352 following that is used as the primary source of energy to produce fuel or electricity:
7353 (i) material from a plant or tree; or
7354 (ii) other organic matter that is available on a renewable basis, including:
7355 (A) slash and brush from forests and woodlands;
7356 (B) animal waste;
7357 (C) waste vegetable oil;
7358 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
7359 wastewater residuals, or through the conversion of a waste material through a nonincineration,
7360 thermal conversion process;
7361 (E) aquatic plants; and
7362 (F) agricultural products.
7363 (b) "Biomass energy" does not include:
7364 (i) black liquor; or
7365 (ii) treated woods.
7366 (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
7367 property, products, or services if the tangible personal property, products, or services are:
7368 (i) distinct and identifiable; and
7369 (ii) sold for one nonitemized price.
7370 (b) "Bundled transaction" does not include:
7371 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
7372 the basis of the selection by the purchaser of the items of tangible personal property included in
7373 the transaction;
7374 (ii) the sale of real property;
7375 (iii) the sale of services to real property;
7376 (iv) the retail sale of tangible personal property and a service if:
7377 (A) the tangible personal property:
7378 (I) is essential to the use of the service; and
7379 (II) is provided exclusively in connection with the service; and
7380 (B) the service is the true object of the transaction;
7381 (v) the retail sale of two services if:
7382 (A) one service is provided that is essential to the use or receipt of a second service;
7383 (B) the first service is provided exclusively in connection with the second service; and
7384 (C) the second service is the true object of the transaction;
7385 (vi) a transaction that includes tangible personal property or a product subject to
7386 taxation under this chapter and tangible personal property or a product that is not subject to
7387 taxation under this chapter if the:
7388 (A) seller's purchase price of the tangible personal property or product subject to
7389 taxation under this chapter is de minimis; or
7390 (B) seller's sales price of the tangible personal property or product subject to taxation
7391 under this chapter is de minimis; and
7392 (vii) the retail sale of tangible personal property that is not subject to taxation under
7393 this chapter and tangible personal property that is subject to taxation under this chapter if:
7394 (A) that retail sale includes:
7395 (I) food and food ingredients;
7396 (II) a drug;
7397 (III) durable medical equipment;
7398 (IV) mobility enhancing equipment;
7399 (V) an over-the-counter drug;
7400 (VI) a prosthetic device; or
7401 (VII) a medical supply; and
7402 (B) subject to Subsection (19)(f):
7403 (I) the seller's purchase price of the tangible personal property subject to taxation under
7404 this chapter is 50% or less of the seller's total purchase price of that retail sale; or
7405 (II) the seller's sales price of the tangible personal property subject to taxation under
7406 this chapter is 50% or less of the seller's total sales price of that retail sale.
7407 (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
7408 service that is distinct and identifiable does not include:
7409 (A) packaging that:
7410 (I) accompanies the sale of the tangible personal property, product, or service; and
7411 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
7412 service;
7413 (B) tangible personal property, a product, or a service provided free of charge with the
7414 purchase of another item of tangible personal property, a product, or a service; or
7415 (C) an item of tangible personal property, a product, or a service included in the
7416 definition of "purchase price."
7417 (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
7418 product, or a service is provided free of charge with the purchase of another item of tangible
7419 personal property, a product, or a service if the sales price of the purchased item of tangible
7420 personal property, product, or service does not vary depending on the inclusion of the tangible
7421 personal property, product, or service provided free of charge.
7422 (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
7423 does not include a price that is separately identified by tangible personal property, product, or
7424 service on the following, regardless of whether the following is in paper format or electronic
7425 format:
7426 (A) a binding sales document; or
7427 (B) another supporting sales-related document that is available to a purchaser.
7428 (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
7429 supporting sales-related document that is available to a purchaser includes:
7430 (A) a bill of sale;
7431 (B) a contract;
7432 (C) an invoice;
7433 (D) a lease agreement;
7434 (E) a periodic notice of rates and services;
7435 (F) a price list;
7436 (G) a rate card;
7437 (H) a receipt; or
7438 (I) a service agreement.
7439 (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
7440 property or a product subject to taxation under this chapter is de minimis if:
7441 (A) the seller's purchase price of the tangible personal property or product is 10% or
7442 less of the seller's total purchase price of the bundled transaction; or
7443 (B) the seller's sales price of the tangible personal property or product is 10% or less of
7444 the seller's total sales price of the bundled transaction.
7445 (ii) For purposes of Subsection (19)(b)(vi), a seller:
7446 (A) shall use the seller's purchase price or the seller's sales price to determine if the
7447 purchase price or sales price of the tangible personal property or product subject to taxation
7448 under this chapter is de minimis; and
7449 (B) may not use a combination of the seller's purchase price and the seller's sales price
7450 to determine if the purchase price or sales price of the tangible personal property or product
7451 subject to taxation under this chapter is de minimis.
7452 (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
7453 contract to determine if the sales price of tangible personal property or a product is de minimis.
7454 (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
7455 the seller's purchase price and the seller's sales price to determine if tangible personal property
7456 subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
7457 price of that retail sale.
7458 (20) "Certified automated system" means software certified by the governing board of
7459 the agreement that:
7460 (a) calculates the agreement sales and use tax imposed within a local taxing
7461 jurisdiction:
7462 (i) on a transaction; and
7463 (ii) in the states that are members of the agreement;
7464 (b) determines the amount of agreement sales and use tax to remit to a state that is a
7465 member of the agreement; and
7466 (c) maintains a record of the transaction described in Subsection (20)(a)(i).
7467 (21) "Certified service provider" means an agent certified:
7468 (a) by the governing board of the agreement; and
7469 (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
7470 as outlined in the contract between the governing board of the agreement and the certified
7471 service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
7472 seller's own purchases.
7473 (22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
7474 suitable for general use.
7475 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7476 commission shall make rules:
7477 (i) listing the items that constitute "clothing"; and
7478 (ii) that are consistent with the list of items that constitute "clothing" under the
7479 agreement.
7480 (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
7481 (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
7482 fuels that does not constitute industrial use under Subsection (57) or residential use under
7483 Subsection (111).
7484 (25) (a) "Common carrier" means a person engaged in or transacting the business of
7485 transporting passengers, freight, merchandise, or other property for hire within this state.
7486 (b) (i) "Common carrier" does not include a person that, at the time the person is
7487 traveling to or from that person's place of employment, transports a passenger to or from the
7488 passenger's place of employment.
7489 (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
7490 Utah Administrative Rulemaking Act, the commission may make rules defining what
7491 constitutes a person's place of employment.
7492 (c) "Common carrier" does not include a person that provides transportation network
7493 services, as defined in Section 13-51-102.
7494 (26) "Component part" includes:
7495 (a) poultry, dairy, and other livestock feed, and their components;
7496 (b) baling ties and twine used in the baling of hay and straw;
7497 (c) fuel used for providing temperature control of orchards and commercial
7498 greenhouses doing a majority of their business in wholesale sales, and for providing power for
7499 off-highway type farm machinery; and
7500 (d) feed, seeds, and seedlings.
7501 (27) "Computer" means an electronic device that accepts information:
7502 (a) (i) in digital form; or
7503 (ii) in a form similar to digital form; and
7504 (b) manipulates that information for a result based on a sequence of instructions.
7505 (28) "Computer software" means a set of coded instructions designed to cause:
7506 (a) a computer to perform a task; or
7507 (b) automatic data processing equipment to perform a task.
7508 (29) "Computer software maintenance contract" means a contract that obligates a seller
7509 of computer software to provide a customer with:
7510 (a) future updates or upgrades to computer software;
7511 (b) support services with respect to computer software; or
7512 (c) a combination of Subsections (29)(a) and (b).
7513 (30) (a) "Conference bridging service" means an ancillary service that links two or
7514 more participants of an audio conference call or video conference call.
7515 (b) "Conference bridging service" may include providing a telephone number as part of
7516 the ancillary service described in Subsection (30)(a).
7517 (c) "Conference bridging service" does not include a telecommunications service used
7518 to reach the ancillary service described in Subsection (30)(a).
7519 (31) "Construction materials" means any tangible personal property that will be
7520 converted into real property.
7521 (32) "Delivered electronically" means delivered to a purchaser by means other than
7522 tangible storage media.
7523 (33) (a) "Delivery charge" means a charge:
7524 (i) by a seller of:
7525 (A) tangible personal property;
7526 (B) a product transferred electronically; or
7527 (C) a service; and
7528 (ii) for preparation and delivery of the tangible personal property, product transferred
7529 electronically, or services described in Subsection (33)(a)(i) to a location designated by the
7530 purchaser.
7531 (b) "Delivery charge" includes a charge for the following:
7532 (i) transportation;
7533 (ii) shipping;
7534 (iii) postage;
7535 (iv) handling;
7536 (v) crating; or
7537 (vi) packing.
7538 (34) "Detailed telecommunications billing service" means an ancillary service of
7539 separately stating information pertaining to individual calls on a customer's billing statement.
7540 (35) "Dietary supplement" means a product, other than tobacco, that:
7541 (a) is intended to supplement the diet;
7542 (b) contains one or more of the following dietary ingredients:
7543 (i) a vitamin;
7544 (ii) a mineral;
7545 (iii) an herb or other botanical;
7546 (iv) an amino acid;
7547 (v) a dietary substance for use by humans to supplement the diet by increasing the total
7548 dietary intake; or
7549 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
7550 described in Subsections (35)(b)(i) through (v);
7551 (c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
7552 (A) tablet form;
7553 (B) capsule form;
7554 (C) powder form;
7555 (D) softgel form;
7556 (E) gelcap form; or
7557 (F) liquid form; or
7558 (ii) if the product is not intended for ingestion in a form described in Subsections
7559 (35)(c)(i)(A) through (F), is not represented:
7560 (A) as conventional food; and
7561 (B) for use as a sole item of:
7562 (I) a meal; or
7563 (II) the diet; and
7564 (d) is required to be labeled as a dietary supplement:
7565 (i) identifiable by the "Supplemental Facts" box found on the label; and
7566 (ii) as required by 21 C.F.R. Sec. 101.36.
7567 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
7568 musical, spoken, or other sounds.
7569 (b) "Digital audio work" includes a ringtone.
7570 (37) "Digital audio-visual work" means a series of related images which, when shown
7571 in succession, imparts an impression of motion, together with accompanying sounds, if any.
7572 (38) "Digital book" means a work that is generally recognized in the ordinary and usual
7573 sense as a book.
7574 (39) (a) "Direct mail" means printed material delivered or distributed by United States
7575 mail or other delivery service:
7576 (i) to:
7577 (A) a mass audience; or
7578 (B) addressees on a mailing list provided:
7579 (I) by a purchaser of the mailing list; or
7580 (II) at the discretion of the purchaser of the mailing list; and
7581 (ii) if the cost of the printed material is not billed directly to the recipients.
7582 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
7583 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
7584 (c) "Direct mail" does not include multiple items of printed material delivered to a
7585 single address.
7586 (40) "Directory assistance" means an ancillary service of providing:
7587 (a) address information; or
7588 (b) telephone number information.
7589 (41) (a) "Disposable home medical equipment or supplies" means medical equipment
7590 or supplies that:
7591 (i) cannot withstand repeated use; and
7592 (ii) are purchased by, for, or on behalf of a person other than:
7593 (A) a health care facility as defined in Section 26-21-2;
7594 (B) a health care provider as defined in Section 78B-3-403;
7595 (C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
7596 (D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
7597 (b) "Disposable home medical equipment or supplies" does not include:
7598 (i) a drug;
7599 (ii) durable medical equipment;
7600 (iii) a hearing aid;
7601 (iv) a hearing aid accessory;
7602 (v) mobility enhancing equipment; or
7603 (vi) tangible personal property used to correct impaired vision, including:
7604 (A) eyeglasses; or
7605 (B) contact lenses.
7606 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7607 commission may by rule define what constitutes medical equipment or supplies.
7608 (42) "Drilling equipment manufacturer" means a facility:
7609 (a) located in the state;
7610 (b) with respect to which 51% or more of the manufacturing activities of the facility
7611 consist of manufacturing component parts of drilling equipment;
7612 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
7613 manufacturing process; and
7614 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
7615 manufacturing process.
7616 (43) (a) "Drug" means a compound, substance, or preparation, or a component of a
7617 compound, substance, or preparation that is:
7618 (i) recognized in:
7619 (A) the official United States Pharmacopoeia;
7620 (B) the official Homeopathic Pharmacopoeia of the United States;
7621 (C) the official National Formulary; or
7622 (D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
7623 (ii) intended for use in the:
7624 (A) diagnosis of disease;
7625 (B) cure of disease;
7626 (C) mitigation of disease;
7627 (D) treatment of disease; or
7628 (E) prevention of disease; or
7629 (iii) intended to affect:
7630 (A) the structure of the body; or
7631 (B) any function of the body.
7632 (b) "Drug" does not include:
7633 (i) food and food ingredients;
7634 (ii) a dietary supplement;
7635 (iii) an alcoholic beverage; or
7636 (iv) a prosthetic device.
7637 (44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
7638 equipment that:
7639 (i) can withstand repeated use;
7640 (ii) is primarily and customarily used to serve a medical purpose;
7641 (iii) generally is not useful to a person in the absence of illness or injury; and
7642 (iv) is not worn in or on the body.
7643 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
7644 equipment described in Subsection (44)(a).
7645 (c) "Durable medical equipment" does not include mobility enhancing equipment.
7646 (45) "Electronic" means:
7647 (a) relating to technology; and
7648 (b) having:
7649 (i) electrical capabilities;
7650 (ii) digital capabilities;
7651 (iii) magnetic capabilities;
7652 (iv) wireless capabilities;
7653 (v) optical capabilities;
7654 (vi) electromagnetic capabilities; or
7655 (vii) capabilities similar to Subsections (45)(b)(i) through (vi).
7656 (46) "Electronic financial payment service" means an establishment:
7657 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
7658 Clearinghouse Activities, of the 2012 North American Industry Classification System of the
7659 federal Executive Office of the President, Office of Management and Budget; and
7660 (b) that performs electronic financial payment services.
7661 (47) "Employee" means the same as that term is defined in Section 59-10-401.
7662 (48) "Fixed guideway" means a public transit facility that uses and occupies:
7663 (a) rail for the use of public transit; or
7664 (b) a separate right-of-way for the use of public transit.
7665 (49) "Fixed wing turbine powered aircraft" means an aircraft that:
7666 (a) is powered by turbine engines;
7667 (b) operates on jet fuel; and
7668 (c) has wings that are permanently attached to the fuselage of the aircraft.
7669 (50) "Fixed wireless service" means a telecommunications service that provides radio
7670 communication between fixed points.
7671 (51) (a) "Food and food ingredients" means substances:
7672 (i) regardless of whether the substances are in:
7673 (A) liquid form;
7674 (B) concentrated form;
7675 (C) solid form;
7676 (D) frozen form;
7677 (E) dried form; or
7678 (F) dehydrated form; and
7679 (ii) that are:
7680 (A) sold for:
7681 (I) ingestion by humans; or
7682 (II) chewing by humans; and
7683 (B) consumed for the substance's:
7684 (I) taste; or
7685 (II) nutritional value.
7686 (b) "Food and food ingredients" includes an item described in Subsection (95)(b)(iii).
7687 (c) "Food and food ingredients" does not include:
7688 (i) an alcoholic beverage;
7689 (ii) tobacco; or
7690 (iii) prepared food.
7691 (52) (a) "Fundraising sales" means sales:
7692 (i) (A) made by a school; or
7693 (B) made by a school student;
7694 (ii) that are for the purpose of raising funds for the school to purchase equipment,
7695 materials, or provide transportation; and
7696 (iii) that are part of an officially sanctioned school activity.
7697 (b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
7698 means a school activity:
7699 (i) that is conducted in accordance with a formal policy adopted by the school or school
7700 district governing the authorization and supervision of fundraising activities;
7701 (ii) that does not directly or indirectly compensate an individual teacher or other
7702 educational personnel by direct payment, commissions, or payment in kind; and
7703 (iii) the net or gross revenues from which are deposited in a dedicated account
7704 controlled by the school or school district.
7705 (53) "Geothermal energy" means energy contained in heat that continuously flows
7706 outward from the earth that is used as the sole source of energy to produce electricity.
7707 (54) "Governing board of the agreement" means the governing board of the agreement
7708 that is:
7709 (a) authorized to administer the agreement; and
7710 (b) established in accordance with the agreement.
7711 (55) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
7712 (i) the executive branch of the state, including all departments, institutions, boards,
7713 divisions, bureaus, offices, commissions, and committees;
7714 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
7715 Administrative Office of the Courts, and similar administrative units in the judicial branch;
7716 (iii) the legislative branch of the state, including the House of Representatives, the
7717 Senate, the Legislative Printing Office, the Office of Legislative Research and General
7718 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
7719 Analyst;
7720 (iv) the National Guard;
7721 (v) an independent entity as defined in Section 63E-1-102; or
7722 (vi) a political subdivision as defined in Section 17B-1-102.
7723 (b) "Governmental entity" does not include the state systems of public and higher
7724 education, including:
7725 (i) a school;
7726 (ii) the State Board of Education;
7727 (iii) the [
7728 (iv) an institution of higher education described in Section 53B-1-102.
7729 (56) "Hydroelectric energy" means water used as the sole source of energy to produce
7730 electricity.
7731 (57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
7732 other fuels:
7733 (a) in mining or extraction of minerals;
7734 (b) in agricultural operations to produce an agricultural product up to the time of
7735 harvest or placing the agricultural product into a storage facility, including:
7736 (i) commercial greenhouses;
7737 (ii) irrigation pumps;
7738 (iii) farm machinery;
7739 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
7740 under Title 41, Chapter 1a, Part 2, Registration; and
7741 (v) other farming activities;
7742 (c) in manufacturing tangible personal property at an establishment described in:
7743 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
7744 the federal Executive Office of the President, Office of Management and Budget; or
7745 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
7746 American Industry Classification System of the federal Executive Office of the President,
7747 Office of Management and Budget;
7748 (d) by a scrap recycler if:
7749 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
7750 one or more of the following items into prepared grades of processed materials for use in new
7751 products:
7752 (A) iron;
7753 (B) steel;
7754 (C) nonferrous metal;
7755 (D) paper;
7756 (E) glass;
7757 (F) plastic;
7758 (G) textile; or
7759 (H) rubber; and
7760 (ii) the new products under Subsection (57)(d)(i) would otherwise be made with
7761 nonrecycled materials; or
7762 (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
7763 cogeneration facility as defined in Section 54-2-1.
7764 (58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
7765 for installing:
7766 (i) tangible personal property; or
7767 (ii) a product transferred electronically.
7768 (b) "Installation charge" does not include a charge for:
7769 (i) repairs or renovations of:
7770 (A) tangible personal property; or
7771 (B) a product transferred electronically; or
7772 (ii) attaching tangible personal property or a product transferred electronically:
7773 (A) to other tangible personal property; and
7774 (B) as part of a manufacturing or fabrication process.
7775 (59) "Institution of higher education" means an institution of higher education listed in
7776 Section 53B-2-101.
7777 (60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
7778 personal property or a product transferred electronically for:
7779 (i) (A) a fixed term; or
7780 (B) an indeterminate term; and
7781 (ii) consideration.
7782 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
7783 amount of consideration may be increased or decreased by reference to the amount realized
7784 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
7785 Code.
7786 (c) "Lease" or "rental" does not include:
7787 (i) a transfer of possession or control of property under a security agreement or
7788 deferred payment plan that requires the transfer of title upon completion of the required
7789 payments;
7790 (ii) a transfer of possession or control of property under an agreement that requires the
7791 transfer of title:
7792 (A) upon completion of required payments; and
7793 (B) if the payment of an option price does not exceed the greater of:
7794 (I) $100; or
7795 (II) 1% of the total required payments; or
7796 (iii) providing tangible personal property along with an operator for a fixed period of
7797 time or an indeterminate period of time if the operator is necessary for equipment to perform as
7798 designed.
7799 (d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
7800 perform as designed if the operator's duties exceed the:
7801 (i) set-up of tangible personal property;
7802 (ii) maintenance of tangible personal property; or
7803 (iii) inspection of tangible personal property.
7804 (61) "Life science establishment" means an establishment in this state that is classified
7805 under the following NAICS codes of the 2007 North American Industry Classification System
7806 of the federal Executive Office of the President, Office of Management and Budget:
7807 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
7808 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
7809 Manufacturing; or
7810 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
7811 (62) "Life science research and development facility" means a facility owned, leased,
7812 or rented by a life science establishment if research and development is performed in 51% or
7813 more of the total area of the facility.
7814 (63) "Load and leave" means delivery to a purchaser by use of a tangible storage media
7815 if the tangible storage media is not physically transferred to the purchaser.
7816 (64) "Local taxing jurisdiction" means a:
7817 (a) county that is authorized to impose an agreement sales and use tax;
7818 (b) city that is authorized to impose an agreement sales and use tax; or
7819 (c) town that is authorized to impose an agreement sales and use tax.
7820 (65) "Manufactured home" means the same as that term is defined in Section
7821 15A-1-302.
7822 (66) "Manufacturing facility" means:
7823 (a) an establishment described in:
7824 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
7825 the federal Executive Office of the President, Office of Management and Budget; or
7826 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
7827 American Industry Classification System of the federal Executive Office of the President,
7828 Office of Management and Budget;
7829 (b) a scrap recycler if:
7830 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
7831 one or more of the following items into prepared grades of processed materials for use in new
7832 products:
7833 (A) iron;
7834 (B) steel;
7835 (C) nonferrous metal;
7836 (D) paper;
7837 (E) glass;
7838 (F) plastic;
7839 (G) textile; or
7840 (H) rubber; and
7841 (ii) the new products under Subsection (66)(b)(i) would otherwise be made with
7842 nonrecycled materials; or
7843 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
7844 placed in service on or after May 1, 2006.
7845 (67) (a) "Marketplace" means a physical or electronic place, platform, or forum where
7846 tangible personal property, a product transferred electronically, or a service is offered for sale.
7847 (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
7848 dedicated sales software application.
7849 (68) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
7850 that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
7851 facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
7852 controls and that directly or indirectly:
7853 (i) does any of the following:
7854 (A) lists, makes available, or advertises tangible personal property, a product
7855 transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
7856 person owns, operates, or controls;
7857 (B) facilitates the sale of a marketplace seller's tangible personal property, product
7858 transferred electronically, or service by transmitting or otherwise communicating an offer or
7859 acceptance of a retail sale between the marketplace seller and a purchaser using the
7860 marketplace;
7861 (C) owns, rents, licenses, makes available, or operates any electronic or physical
7862 infrastructure or any property, process, method, copyright, trademark, or patent that connects a
7863 marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
7864 property, a product transferred electronically, or a service;
7865 (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
7866 personal property, a product transferred electronically, or a service, regardless of ownership or
7867 control of the tangible personal property, the product transferred electronically, or the service
7868 that is the subject of the retail sale;
7869 (E) provides software development or research and development activities related to
7870 any activity described in this Subsection (68)(a)(i), if the software development or research and
7871 development activity is directly related to the person's marketplace;
7872 (F) provides or offers fulfillment or storage services for a marketplace seller;
7873 (G) sets prices for the sale of tangible personal property, a product transferred
7874 electronically, or a service by a marketplace seller;
7875 (H) provides or offers customer service to a marketplace seller or a marketplace seller's
7876 purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
7877 property, a product transferred electronically, or a service sold by a marketplace seller on the
7878 person's marketplace; or
7879 (I) brands or otherwise identifies sales as those of the person; and
7880 (ii) does any of the following:
7881 (A) collects the sales price or purchase price of a retail sale of tangible personal
7882 property, a product transferred electronically, or a service;
7883 (B) provides payment processing services for a retail sale of tangible personal property,
7884 a product transferred electronically, or a service;
7885 (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
7886 fee, a fee for inserting or making available tangible personal property, a product transferred
7887 electronically, or a service on the person's marketplace, or other consideration for the
7888 facilitation of a retail sale of tangible personal property, a product transferred electronically, or
7889 a service, regardless of ownership or control of the tangible personal property, the product
7890 transferred electronically, or the service that is the subject of the retail sale;
7891 (D) through terms and conditions, an agreement, or another arrangement with a third
7892 person, collects payment from a purchase for a retail sale of tangible personal property, a
7893 product transferred electronically, or a service and transmits that payment to the marketplace
7894 seller, regardless of whether the third person receives compensation or other consideration in
7895 exchange for the service; or
7896 (E) provides a virtual currency for a purchaser to use to purchase tangible personal
7897 property, a product transferred electronically, or service offered for sale.
7898 (b) "Marketplace facilitator" does not include a person that only provides payment
7899 processing services.
7900 (69) "Marketplace seller" means a seller that makes one or more retail sales through a
7901 marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
7902 seller is required to be registered to collect and remit the tax under this part.
7903 (70) "Member of the immediate family of the producer" means a person who is related
7904 to a producer described in Subsection 59-12-104(20)(a) as a:
7905 (a) child or stepchild, regardless of whether the child or stepchild is:
7906 (i) an adopted child or adopted stepchild; or
7907 (ii) a foster child or foster stepchild;
7908 (b) grandchild or stepgrandchild;
7909 (c) grandparent or stepgrandparent;
7910 (d) nephew or stepnephew;
7911 (e) niece or stepniece;
7912 (f) parent or stepparent;
7913 (g) sibling or stepsibling;
7914 (h) spouse;
7915 (i) person who is the spouse of a person described in Subsections (70)(a) through (g);
7916 or
7917 (j) person similar to a person described in Subsections (70)(a) through (i) as
7918 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
7919 Administrative Rulemaking Act.
7920 (71) "Mobile home" means the same as that term is defined in Section 15A-1-302.
7921 (72) "Mobile telecommunications service" means the same as that term is defined in
7922 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
7923 (73) (a) "Mobile wireless service" means a telecommunications service, regardless of
7924 the technology used, if:
7925 (i) the origination point of the conveyance, routing, or transmission is not fixed;
7926 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
7927 (iii) the origination point described in Subsection (73)(a)(i) and the termination point
7928 described in Subsection (73)(a)(ii) are not fixed.
7929 (b) "Mobile wireless service" includes a telecommunications service that is provided
7930 by a commercial mobile radio service provider.
7931 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7932 commission may by rule define "commercial mobile radio service provider."
7933 (74) (a) Except as provided in Subsection (74)(c), "mobility enhancing equipment"
7934 means equipment that is:
7935 (i) primarily and customarily used to provide or increase the ability to move from one
7936 place to another;
7937 (ii) appropriate for use in a:
7938 (A) home; or
7939 (B) motor vehicle; and
7940 (iii) not generally used by persons with normal mobility.
7941 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
7942 the equipment described in Subsection (74)(a).
7943 (c) "Mobility enhancing equipment" does not include:
7944 (i) a motor vehicle;
7945 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
7946 vehicle manufacturer;
7947 (iii) durable medical equipment; or
7948 (iv) a prosthetic device.
7949 (75) "Model 1 seller" means a seller registered under the agreement that has selected a
7950 certified service provider as the seller's agent to perform the seller's sales and use tax functions
7951 for agreement sales and use taxes, as outlined in the contract between the governing board of
7952 the agreement and the certified service provider, other than the seller's obligation under Section
7953 59-12-124 to remit a tax on the seller's own purchases.
7954 (76) "Model 2 seller" means a seller registered under the agreement that:
7955 (a) except as provided in Subsection (76)(b), has selected a certified automated system
7956 to perform the seller's sales tax functions for agreement sales and use taxes; and
7957 (b) retains responsibility for remitting all of the sales tax:
7958 (i) collected by the seller; and
7959 (ii) to the appropriate local taxing jurisdiction.
7960 (77) (a) Subject to Subsection (77)(b), "model 3 seller" means a seller registered under
7961 the agreement that has:
7962 (i) sales in at least five states that are members of the agreement;
7963 (ii) total annual sales revenues of at least $500,000,000;
7964 (iii) a proprietary system that calculates the amount of tax:
7965 (A) for an agreement sales and use tax; and
7966 (B) due to each local taxing jurisdiction; and
7967 (iv) entered into a performance agreement with the governing board of the agreement.
7968 (b) For purposes of Subsection (77)(a), "model 3 seller" includes an affiliated group of
7969 sellers using the same proprietary system.
7970 (78) "Model 4 seller" means a seller that is registered under the agreement and is not a
7971 model 1 seller, model 2 seller, or model 3 seller.
7972 (79) "Modular home" means a modular unit as defined in Section 15A-1-302.
7973 (80) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
7974 (81) "Oil sands" means impregnated bituminous sands that:
7975 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
7976 other hydrocarbons, or otherwise treated;
7977 (b) yield mixtures of liquid hydrocarbon; and
7978 (c) require further processing other than mechanical blending before becoming finished
7979 petroleum products.
7980 (82) "Oil shale" means a group of fine black to dark brown shales containing kerogen
7981 material that yields petroleum upon heating and distillation.
7982 (83) "Optional computer software maintenance contract" means a computer software
7983 maintenance contract that a customer is not obligated to purchase as a condition to the retail
7984 sale of computer software.
7985 (84) (a) "Other fuels" means products that burn independently to produce heat or
7986 energy.
7987 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
7988 personal property.
7989 (85) (a) "Paging service" means a telecommunications service that provides
7990 transmission of a coded radio signal for the purpose of activating a specific pager.
7991 (b) For purposes of Subsection (85)(a), the transmission of a coded radio signal
7992 includes a transmission by message or sound.
7993 (86) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
7994 (87) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
7995 (88) (a) "Permanently attached to real property" means that for tangible personal
7996 property attached to real property:
7997 (i) the attachment of the tangible personal property to the real property:
7998 (A) is essential to the use of the tangible personal property; and
7999 (B) suggests that the tangible personal property will remain attached to the real
8000 property in the same place over the useful life of the tangible personal property; or
8001 (ii) if the tangible personal property is detached from the real property, the detachment
8002 would:
8003 (A) cause substantial damage to the tangible personal property; or
8004 (B) require substantial alteration or repair of the real property to which the tangible
8005 personal property is attached.
8006 (b) "Permanently attached to real property" includes:
8007 (i) the attachment of an accessory to the tangible personal property if the accessory is:
8008 (A) essential to the operation of the tangible personal property; and
8009 (B) attached only to facilitate the operation of the tangible personal property;
8010 (ii) a temporary detachment of tangible personal property from real property for a
8011 repair or renovation if the repair or renovation is performed where the tangible personal
8012 property and real property are located; or
8013 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
8014 Subsection (88)(c)(iii) or (iv).
8015 (c) "Permanently attached to real property" does not include:
8016 (i) the attachment of portable or movable tangible personal property to real property if
8017 that portable or movable tangible personal property is attached to real property only for:
8018 (A) convenience;
8019 (B) stability; or
8020 (C) for an obvious temporary purpose;
8021 (ii) the detachment of tangible personal property from real property except for the
8022 detachment described in Subsection (88)(b)(ii);
8023 (iii) an attachment of the following tangible personal property to real property if the
8024 attachment to real property is only through a line that supplies water, electricity, gas,
8025 telecommunications, cable, or supplies a similar item as determined by the commission by rule
8026 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
8027 (A) a computer;
8028 (B) a telephone;
8029 (C) a television; or
8030 (D) tangible personal property similar to Subsections (88)(c)(iii)(A) through (C) as
8031 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
8032 Administrative Rulemaking Act; or
8033 (iv) an item listed in Subsection (129)(c).
8034 (89) "Person" includes any individual, firm, partnership, joint venture, association,
8035 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
8036 municipality, district, or other local governmental entity of the state, or any group or
8037 combination acting as a unit.
8038 (90) "Place of primary use":
8039 (a) for telecommunications service other than mobile telecommunications service,
8040 means the street address representative of where the customer's use of the telecommunications
8041 service primarily occurs, which shall be:
8042 (i) the residential street address of the customer; or
8043 (ii) the primary business street address of the customer; or
8044 (b) for mobile telecommunications service, means the same as that term is defined in
8045 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
8046 (91) (a) "Postpaid calling service" means a telecommunications service a person
8047 obtains by making a payment on a call-by-call basis:
8048 (i) through the use of a:
8049 (A) bank card;
8050 (B) credit card;
8051 (C) debit card; or
8052 (D) travel card; or
8053 (ii) by a charge made to a telephone number that is not associated with the origination
8054 or termination of the telecommunications service.
8055 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
8056 service, that would be a prepaid wireless calling service if the service were exclusively a
8057 telecommunications service.
8058 (92) "Postproduction" means an activity related to the finishing or duplication of a
8059 medium described in Subsection 59-12-104(54)(a).
8060 (93) "Prepaid calling service" means a telecommunications service:
8061 (a) that allows a purchaser access to telecommunications service that is exclusively
8062 telecommunications service;
8063 (b) that:
8064 (i) is paid for in advance; and
8065 (ii) enables the origination of a call using an:
8066 (A) access number; or
8067 (B) authorization code;
8068 (c) that is dialed:
8069 (i) manually; or
8070 (ii) electronically; and
8071 (d) sold in predetermined units or dollars that decline:
8072 (i) by a known amount; and
8073 (ii) with use.
8074 (94) "Prepaid wireless calling service" means a telecommunications service:
8075 (a) that provides the right to utilize:
8076 (i) mobile wireless service; and
8077 (ii) other service that is not a telecommunications service, including:
8078 (A) the download of a product transferred electronically;
8079 (B) a content service; or
8080 (C) an ancillary service;
8081 (b) that:
8082 (i) is paid for in advance; and
8083 (ii) enables the origination of a call using an:
8084 (A) access number; or
8085 (B) authorization code;
8086 (c) that is dialed:
8087 (i) manually; or
8088 (ii) electronically; and
8089 (d) sold in predetermined units or dollars that decline:
8090 (i) by a known amount; and
8091 (ii) with use.
8092 (95) (a) "Prepared food" means:
8093 (i) food:
8094 (A) sold in a heated state; or
8095 (B) heated by a seller;
8096 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
8097 item; or
8098 (iii) except as provided in Subsection (95)(c), food sold with an eating utensil provided
8099 by the seller, including a:
8100 (A) plate;
8101 (B) knife;
8102 (C) fork;
8103 (D) spoon;
8104 (E) glass;
8105 (F) cup;
8106 (G) napkin; or
8107 (H) straw.
8108 (b) "Prepared food" does not include:
8109 (i) food that a seller only:
8110 (A) cuts;
8111 (B) repackages; or
8112 (C) pasteurizes; or
8113 (ii) (A) the following:
8114 (I) raw egg;
8115 (II) raw fish;
8116 (III) raw meat;
8117 (IV) raw poultry; or
8118 (V) a food containing an item described in Subsections (95)(b)(ii)(A)(I) through (IV);
8119 and
8120 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
8121 Food and Drug Administration's Food Code that a consumer cook the items described in
8122 Subsection (95)(b)(ii)(A) to prevent food borne illness; or
8123 (iii) the following if sold without eating utensils provided by the seller:
8124 (A) food and food ingredients sold by a seller if the seller's proper primary
8125 classification under the 2002 North American Industry Classification System of the federal
8126 Executive Office of the President, Office of Management and Budget, is manufacturing in
8127 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
8128 Manufacturing;
8129 (B) food and food ingredients sold in an unheated state:
8130 (I) by weight or volume; and
8131 (II) as a single item; or
8132 (C) a bakery item, including:
8133 (I) a bagel;
8134 (II) a bar;
8135 (III) a biscuit;
8136 (IV) bread;
8137 (V) a bun;
8138 (VI) a cake;
8139 (VII) a cookie;
8140 (VIII) a croissant;
8141 (IX) a danish;
8142 (X) a donut;
8143 (XI) a muffin;
8144 (XII) a pastry;
8145 (XIII) a pie;
8146 (XIV) a roll;
8147 (XV) a tart;
8148 (XVI) a torte; or
8149 (XVII) a tortilla.
8150 (c) An eating utensil provided by the seller does not include the following used to
8151 transport the food:
8152 (i) a container; or
8153 (ii) packaging.
8154 (96) "Prescription" means an order, formula, or recipe that is issued:
8155 (a) (i) orally;
8156 (ii) in writing;
8157 (iii) electronically; or
8158 (iv) by any other manner of transmission; and
8159 (b) by a licensed practitioner authorized by the laws of a state.
8160 (97) (a) Except as provided in Subsection (97)(b)(ii) or (iii), "prewritten computer
8161 software" means computer software that is not designed and developed:
8162 (i) by the author or other creator of the computer software; and
8163 (ii) to the specifications of a specific purchaser.
8164 (b) "Prewritten computer software" includes:
8165 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
8166 software is not designed and developed:
8167 (A) by the author or other creator of the computer software; and
8168 (B) to the specifications of a specific purchaser;
8169 (ii) computer software designed and developed by the author or other creator of the
8170 computer software to the specifications of a specific purchaser if the computer software is sold
8171 to a person other than the purchaser; or
8172 (iii) except as provided in Subsection (97)(c), prewritten computer software or a
8173 prewritten portion of prewritten computer software:
8174 (A) that is modified or enhanced to any degree; and
8175 (B) if the modification or enhancement described in Subsection (97)(b)(iii)(A) is
8176 designed and developed to the specifications of a specific purchaser.
8177 (c) "Prewritten computer software" does not include a modification or enhancement
8178 described in Subsection (97)(b)(iii) if the charges for the modification or enhancement are:
8179 (i) reasonable; and
8180 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
8181 invoice or other statement of price provided to the purchaser at the time of sale or later, as
8182 demonstrated by:
8183 (A) the books and records the seller keeps at the time of the transaction in the regular
8184 course of business, including books and records the seller keeps at the time of the transaction in
8185 the regular course of business for nontax purposes;
8186 (B) a preponderance of the facts and circumstances at the time of the transaction; and
8187 (C) the understanding of all of the parties to the transaction.
8188 (98) (a) "Private communications service" means a telecommunications service:
8189 (i) that entitles a customer to exclusive or priority use of one or more communications
8190 channels between or among termination points; and
8191 (ii) regardless of the manner in which the one or more communications channels are
8192 connected.
8193 (b) "Private communications service" includes the following provided in connection
8194 with the use of one or more communications channels:
8195 (i) an extension line;
8196 (ii) a station;
8197 (iii) switching capacity; or
8198 (iv) another associated service that is provided in connection with the use of one or
8199 more communications channels as defined in Section 59-12-215.
8200 (99) (a) Except as provided in Subsection (99)(b), "product transferred electronically"
8201 means a product transferred electronically that would be subject to a tax under this chapter if
8202 that product was transferred in a manner other than electronically.
8203 (b) "Product transferred electronically" does not include:
8204 (i) an ancillary service;
8205 (ii) computer software; or
8206 (iii) a telecommunications service.
8207 (100) (a) "Prosthetic device" means a device that is worn on or in the body to:
8208 (i) artificially replace a missing portion of the body;
8209 (ii) prevent or correct a physical deformity or physical malfunction; or
8210 (iii) support a weak or deformed portion of the body.
8211 (b) "Prosthetic device" includes:
8212 (i) parts used in the repairs or renovation of a prosthetic device;
8213 (ii) replacement parts for a prosthetic device;
8214 (iii) a dental prosthesis; or
8215 (iv) a hearing aid.
8216 (c) "Prosthetic device" does not include:
8217 (i) corrective eyeglasses; or
8218 (ii) contact lenses.
8219 (101) (a) "Protective equipment" means an item:
8220 (i) for human wear; and
8221 (ii) that is:
8222 (A) designed as protection:
8223 (I) to the wearer against injury or disease; or
8224 (II) against damage or injury of other persons or property; and
8225 (B) not suitable for general use.
8226 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8227 commission shall make rules:
8228 (i) listing the items that constitute "protective equipment"; and
8229 (ii) that are consistent with the list of items that constitute "protective equipment"
8230 under the agreement.
8231 (102) (a) For purposes of Subsection 59-12-104(41), "publication" means any written
8232 or printed matter, other than a photocopy:
8233 (i) regardless of:
8234 (A) characteristics;
8235 (B) copyright;
8236 (C) form;
8237 (D) format;
8238 (E) method of reproduction; or
8239 (F) source; and
8240 (ii) made available in printed or electronic format.
8241 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8242 commission may by rule define the term "photocopy."
8243 (103) (a) "Purchase price" and "sales price" mean the total amount of consideration:
8244 (i) valued in money; and
8245 (ii) for which tangible personal property, a product transferred electronically, or
8246 services are:
8247 (A) sold;
8248 (B) leased; or
8249 (C) rented.
8250 (b) "Purchase price" and "sales price" include:
8251 (i) the seller's cost of the tangible personal property, a product transferred
8252 electronically, or services sold;
8253 (ii) expenses of the seller, including:
8254 (A) the cost of materials used;
8255 (B) a labor cost;
8256 (C) a service cost;
8257 (D) interest;
8258 (E) a loss;
8259 (F) the cost of transportation to the seller; or
8260 (G) a tax imposed on the seller;
8261 (iii) a charge by the seller for any service necessary to complete the sale; or
8262 (iv) consideration a seller receives from a person other than the purchaser if:
8263 (A) (I) the seller actually receives consideration from a person other than the purchaser;
8264 and
8265 (II) the consideration described in Subsection (103)(b)(iv)(A)(I) is directly related to a
8266 price reduction or discount on the sale;
8267 (B) the seller has an obligation to pass the price reduction or discount through to the
8268 purchaser;
8269 (C) the amount of the consideration attributable to the sale is fixed and determinable by
8270 the seller at the time of the sale to the purchaser; and
8271 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
8272 seller to claim a price reduction or discount; and
8273 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
8274 coupon, or other documentation with the understanding that the person other than the seller
8275 will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
8276 (II) the purchaser identifies that purchaser to the seller as a member of a group or
8277 organization allowed a price reduction or discount, except that a preferred customer card that is
8278 available to any patron of a seller does not constitute membership in a group or organization
8279 allowed a price reduction or discount; or
8280 (III) the price reduction or discount is identified as a third party price reduction or
8281 discount on the:
8282 (Aa) invoice the purchaser receives; or
8283 (Bb) certificate, coupon, or other documentation the purchaser presents.
8284 (c) "Purchase price" and "sales price" do not include:
8285 (i) a discount:
8286 (A) in a form including:
8287 (I) cash;
8288 (II) term; or
8289 (III) coupon;
8290 (B) that is allowed by a seller;
8291 (C) taken by a purchaser on a sale; and
8292 (D) that is not reimbursed by a third party; or
8293 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
8294 stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
8295 sale or later, as demonstrated by the books and records the seller keeps at the time of the
8296 transaction in the regular course of business, including books and records the seller keeps at the
8297 time of the transaction in the regular course of business for nontax purposes, by a
8298 preponderance of the facts and circumstances at the time of the transaction, and by the
8299 understanding of all of the parties to the transaction:
8300 (A) the following from credit extended on the sale of tangible personal property or
8301 services:
8302 (I) a carrying charge;
8303 (II) a financing charge; or
8304 (III) an interest charge;
8305 (B) a delivery charge;
8306 (C) an installation charge;
8307 (D) a manufacturer rebate on a motor vehicle; or
8308 (E) a tax or fee legally imposed directly on the consumer.
8309 (104) "Purchaser" means a person to whom:
8310 (a) a sale of tangible personal property is made;
8311 (b) a product is transferred electronically; or
8312 (c) a service is furnished.
8313 (105) "Qualifying enterprise data center" means an establishment that will:
8314 (a) own and operate a data center facility that will house a group of networked server
8315 computers in one physical location in order to centralize the dissemination, management, and
8316 storage of data and information;
8317 (b) be located in the state;
8318 (c) be a new operation constructed on or after July 1, 2016;
8319 (d) consist of one or more buildings that total 150,000 or more square feet;
8320 (e) be owned or leased by:
8321 (i) the establishment; or
8322 (ii) a person under common ownership, as defined in Section 59-7-101, of the
8323 establishment; and
8324 (f) be located on one or more parcels of land that are owned or leased by:
8325 (i) the establishment; or
8326 (ii) a person under common ownership, as defined in Section 59-7-101, of the
8327 establishment.
8328 (106) "Regularly rented" means:
8329 (a) rented to a guest for value three or more times during a calendar year; or
8330 (b) advertised or held out to the public as a place that is regularly rented to guests for
8331 value.
8332 (107) "Rental" means the same as that term is defined in Subsection (60).
8333 (108) (a) Except as provided in Subsection (108)(b), "repairs or renovations of tangible
8334 personal property" means:
8335 (i) a repair or renovation of tangible personal property that is not permanently attached
8336 to real property; or
8337 (ii) attaching tangible personal property or a product transferred electronically to other
8338 tangible personal property or detaching tangible personal property or a product transferred
8339 electronically from other tangible personal property if:
8340 (A) the other tangible personal property to which the tangible personal property or
8341 product transferred electronically is attached or from which the tangible personal property or
8342 product transferred electronically is detached is not permanently attached to real property; and
8343 (B) the attachment of tangible personal property or a product transferred electronically
8344 to other tangible personal property or detachment of tangible personal property or a product
8345 transferred electronically from other tangible personal property is made in conjunction with a
8346 repair or replacement of tangible personal property or a product transferred electronically.
8347 (b) "Repairs or renovations of tangible personal property" does not include:
8348 (i) attaching prewritten computer software to other tangible personal property if the
8349 other tangible personal property to which the prewritten computer software is attached is not
8350 permanently attached to real property; or
8351 (ii) detaching prewritten computer software from other tangible personal property if the
8352 other tangible personal property from which the prewritten computer software is detached is
8353 not permanently attached to real property.
8354 (109) "Research and development" means the process of inquiry or experimentation
8355 aimed at the discovery of facts, devices, technologies, or applications and the process of
8356 preparing those devices, technologies, or applications for marketing.
8357 (110) (a) "Residential telecommunications services" means a telecommunications
8358 service or an ancillary service that is provided to an individual for personal use:
8359 (i) at a residential address; or
8360 (ii) at an institution, including a nursing home or a school, if the telecommunications
8361 service or ancillary service is provided to and paid for by the individual residing at the
8362 institution rather than the institution.
8363 (b) For purposes of Subsection (110)(a)(i), a residential address includes an:
8364 (i) apartment; or
8365 (ii) other individual dwelling unit.
8366 (111) "Residential use" means the use in or around a home, apartment building,
8367 sleeping quarters, and similar facilities or accommodations.
8368 (112) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
8369 than:
8370 (a) resale;
8371 (b) sublease; or
8372 (c) subrent.
8373 (113) (a) "Retailer" means any person, unless prohibited by the Constitution of the
8374 United States or federal law, that is engaged in a regularly organized business in tangible
8375 personal property or any other taxable transaction under Subsection 59-12-103(1), and who is
8376 selling to the user or consumer and not for resale.
8377 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
8378 engaged in the business of selling to users or consumers within the state.
8379 (114) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
8380 otherwise, in any manner, of tangible personal property or any other taxable transaction under
8381 Subsection 59-12-103(1), for consideration.
8382 (b) "Sale" includes:
8383 (i) installment and credit sales;
8384 (ii) any closed transaction constituting a sale;
8385 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
8386 chapter;
8387 (iv) any transaction if the possession of property is transferred but the seller retains the
8388 title as security for the payment of the price; and
8389 (v) any transaction under which right to possession, operation, or use of any article of
8390 tangible personal property is granted under a lease or contract and the transfer of possession
8391 would be taxable if an outright sale were made.
8392 (115) "Sale at retail" means the same as that term is defined in Subsection (112).
8393 (116) "Sale-leaseback transaction" means a transaction by which title to tangible
8394 personal property or a product transferred electronically that is subject to a tax under this
8395 chapter is transferred:
8396 (a) by a purchaser-lessee;
8397 (b) to a lessor;
8398 (c) for consideration; and
8399 (d) if:
8400 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
8401 of the tangible personal property or product transferred electronically;
8402 (ii) the sale of the tangible personal property or product transferred electronically to the
8403 lessor is intended as a form of financing:
8404 (A) for the tangible personal property or product transferred electronically; and
8405 (B) to the purchaser-lessee; and
8406 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
8407 is required to:
8408 (A) capitalize the tangible personal property or product transferred electronically for
8409 financial reporting purposes; and
8410 (B) account for the lease payments as payments made under a financing arrangement.
8411 (117) "Sales price" means the same as that term is defined in Subsection (103).
8412 (118) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
8413 amounts charged by a school:
8414 (i) sales that are directly related to the school's educational functions or activities
8415 including:
8416 (A) the sale of:
8417 (I) textbooks;
8418 (II) textbook fees;
8419 (III) laboratory fees;
8420 (IV) laboratory supplies; or
8421 (V) safety equipment;
8422 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
8423 that:
8424 (I) a student is specifically required to wear as a condition of participation in a
8425 school-related event or school-related activity; and
8426 (II) is not readily adaptable to general or continued usage to the extent that it takes the
8427 place of ordinary clothing;
8428 (C) sales of the following if the net or gross revenues generated by the sales are
8429 deposited into a school district fund or school fund dedicated to school meals:
8430 (I) food and food ingredients; or
8431 (II) prepared food; or
8432 (D) transportation charges for official school activities; or
8433 (ii) amounts paid to or amounts charged by a school for admission to a school-related
8434 event or school-related activity.
8435 (b) "Sales relating to schools" does not include:
8436 (i) bookstore sales of items that are not educational materials or supplies;
8437 (ii) except as provided in Subsection (118)(a)(i)(B):
8438 (A) clothing;
8439 (B) clothing accessories or equipment;
8440 (C) protective equipment; or
8441 (D) sports or recreational equipment; or
8442 (iii) amounts paid to or amounts charged by a school for admission to a school-related
8443 event or school-related activity if the amounts paid or charged are passed through to a person:
8444 (A) other than a:
8445 (I) school;
8446 (II) nonprofit organization authorized by a school board or a governing body of a
8447 private school to organize and direct a competitive secondary school activity; or
8448 (III) nonprofit association authorized by a school board or a governing body of a
8449 private school to organize and direct a competitive secondary school activity; and
8450 (B) that is required to collect sales and use taxes under this chapter.
8451 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8452 commission may make rules defining the term "passed through."
8453 (119) For purposes of this section and Section 59-12-104, "school" means:
8454 (a) an elementary school or a secondary school that:
8455 (i) is a:
8456 (A) public school; or
8457 (B) private school; and
8458 (ii) provides instruction for one or more grades kindergarten through 12; or
8459 (b) a public school district.
8460 (120) (a) "Seller" means a person that makes a sale, lease, or rental of:
8461 (i) tangible personal property;
8462 (ii) a product transferred electronically; or
8463 (iii) a service.
8464 (b) "Seller" includes a marketplace facilitator.
8465 (121) (a) "Semiconductor fabricating, processing, research, or development materials"
8466 means tangible personal property or a product transferred electronically if the tangible personal
8467 property or product transferred electronically is:
8468 (i) used primarily in the process of:
8469 (A) (I) manufacturing a semiconductor;
8470 (II) fabricating a semiconductor; or
8471 (III) research or development of a:
8472 (Aa) semiconductor; or
8473 (Bb) semiconductor manufacturing process; or
8474 (B) maintaining an environment suitable for a semiconductor; or
8475 (ii) consumed primarily in the process of:
8476 (A) (I) manufacturing a semiconductor;
8477 (II) fabricating a semiconductor; or
8478 (III) research or development of a:
8479 (Aa) semiconductor; or
8480 (Bb) semiconductor manufacturing process; or
8481 (B) maintaining an environment suitable for a semiconductor.
8482 (b) "Semiconductor fabricating, processing, research, or development materials"
8483 includes:
8484 (i) parts used in the repairs or renovations of tangible personal property or a product
8485 transferred electronically described in Subsection (121)(a); or
8486 (ii) a chemical, catalyst, or other material used to:
8487 (A) produce or induce in a semiconductor a:
8488 (I) chemical change; or
8489 (II) physical change;
8490 (B) remove impurities from a semiconductor; or
8491 (C) improve the marketable condition of a semiconductor.
8492 (122) "Senior citizen center" means a facility having the primary purpose of providing
8493 services to the aged as defined in Section 62A-3-101.
8494 (123) (a) Subject to Subsections (123)(b) and (c), "short-term lodging consumable"
8495 means tangible personal property that:
8496 (i) a business that provides accommodations and services described in Subsection
8497 59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
8498 to a purchaser;
8499 (ii) is intended to be consumed by the purchaser; and
8500 (iii) is:
8501 (A) included in the purchase price of the accommodations and services; and
8502 (B) not separately stated on an invoice, bill of sale, or other similar document provided
8503 to the purchaser.
8504 (b) "Short-term lodging consumable" includes:
8505 (i) a beverage;
8506 (ii) a brush or comb;
8507 (iii) a cosmetic;
8508 (iv) a hair care product;
8509 (v) lotion;
8510 (vi) a magazine;
8511 (vii) makeup;
8512 (viii) a meal;
8513 (ix) mouthwash;
8514 (x) nail polish remover;
8515 (xi) a newspaper;
8516 (xii) a notepad;
8517 (xiii) a pen;
8518 (xiv) a pencil;
8519 (xv) a razor;
8520 (xvi) saline solution;
8521 (xvii) a sewing kit;
8522 (xviii) shaving cream;
8523 (xix) a shoe shine kit;
8524 (xx) a shower cap;
8525 (xxi) a snack item;
8526 (xxii) soap;
8527 (xxiii) toilet paper;
8528 (xxiv) a toothbrush;
8529 (xxv) toothpaste; or
8530 (xxvi) an item similar to Subsections (123)(b)(i) through (xxv) as the commission may
8531 provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
8532 Rulemaking Act.
8533 (c) "Short-term lodging consumable" does not include:
8534 (i) tangible personal property that is cleaned or washed to allow the tangible personal
8535 property to be reused; or
8536 (ii) a product transferred electronically.
8537 (124) "Simplified electronic return" means the electronic return:
8538 (a) described in Section 318(C) of the agreement; and
8539 (b) approved by the governing board of the agreement.
8540 (125) "Solar energy" means the sun used as the sole source of energy for producing
8541 electricity.
8542 (126) (a) "Sports or recreational equipment" means an item:
8543 (i) designed for human use; and
8544 (ii) that is:
8545 (A) worn in conjunction with:
8546 (I) an athletic activity; or
8547 (II) a recreational activity; and
8548 (B) not suitable for general use.
8549 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8550 commission shall make rules:
8551 (i) listing the items that constitute "sports or recreational equipment"; and
8552 (ii) that are consistent with the list of items that constitute "sports or recreational
8553 equipment" under the agreement.
8554 (127) "State" means the state of Utah, its departments, and agencies.
8555 (128) "Storage" means any keeping or retention of tangible personal property or any
8556 other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
8557 sale in the regular course of business.
8558 (129) (a) Except as provided in Subsection (129)(d) or (e), "tangible personal property"
8559 means personal property that:
8560 (i) may be:
8561 (A) seen;
8562 (B) weighed;
8563 (C) measured;
8564 (D) felt; or
8565 (E) touched; or
8566 (ii) is in any manner perceptible to the senses.
8567 (b) "Tangible personal property" includes:
8568 (i) electricity;
8569 (ii) water;
8570 (iii) gas;
8571 (iv) steam; or
8572 (v) prewritten computer software, regardless of the manner in which the prewritten
8573 computer software is transferred.
8574 (c) "Tangible personal property" includes the following regardless of whether the item
8575 is attached to real property:
8576 (i) a dishwasher;
8577 (ii) a dryer;
8578 (iii) a freezer;
8579 (iv) a microwave;
8580 (v) a refrigerator;
8581 (vi) a stove;
8582 (vii) a washer; or
8583 (viii) an item similar to Subsections (129)(c)(i) through (vii) as determined by the
8584 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
8585 Rulemaking Act.
8586 (d) "Tangible personal property" does not include a product that is transferred
8587 electronically.
8588 (e) "Tangible personal property" does not include the following if attached to real
8589 property, regardless of whether the attachment to real property is only through a line that
8590 supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
8591 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
8592 Rulemaking Act:
8593 (i) a hot water heater;
8594 (ii) a water filtration system; or
8595 (iii) a water softener system.
8596 (130) (a) "Telecommunications enabling or facilitating equipment, machinery, or
8597 software" means an item listed in Subsection (130)(b) if that item is purchased or leased
8598 primarily to enable or facilitate one or more of the following to function:
8599 (i) telecommunications switching or routing equipment, machinery, or software; or
8600 (ii) telecommunications transmission equipment, machinery, or software.
8601 (b) The following apply to Subsection (130)(a):
8602 (i) a pole;
8603 (ii) software;
8604 (iii) a supplementary power supply;
8605 (iv) temperature or environmental equipment or machinery;
8606 (v) test equipment;
8607 (vi) a tower; or
8608 (vii) equipment, machinery, or software that functions similarly to an item listed in
8609 Subsections (130)(b)(i) through (vi) as determined by the commission by rule made in
8610 accordance with Subsection (130)(c).
8611 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8612 commission may by rule define what constitutes equipment, machinery, or software that
8613 functions similarly to an item listed in Subsections (130)(b)(i) through (vi).
8614 (131) "Telecommunications equipment, machinery, or software required for 911
8615 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
8616 Sec. 20.18.
8617 (132) "Telecommunications maintenance or repair equipment, machinery, or software"
8618 means equipment, machinery, or software purchased or leased primarily to maintain or repair
8619 one or more of the following, regardless of whether the equipment, machinery, or software is
8620 purchased or leased as a spare part or as an upgrade or modification to one or more of the
8621 following:
8622 (a) telecommunications enabling or facilitating equipment, machinery, or software;
8623 (b) telecommunications switching or routing equipment, machinery, or software; or
8624 (c) telecommunications transmission equipment, machinery, or software.
8625 (133) (a) "Telecommunications service" means the electronic conveyance, routing, or
8626 transmission of audio, data, video, voice, or any other information or signal to a point, or
8627 among or between points.
8628 (b) "Telecommunications service" includes:
8629 (i) an electronic conveyance, routing, or transmission with respect to which a computer
8630 processing application is used to act:
8631 (A) on the code, form, or protocol of the content;
8632 (B) for the purpose of electronic conveyance, routing, or transmission; and
8633 (C) regardless of whether the service:
8634 (I) is referred to as voice over Internet protocol service; or
8635 (II) is classified by the Federal Communications Commission as enhanced or value
8636 added;
8637 (ii) an 800 service;
8638 (iii) a 900 service;
8639 (iv) a fixed wireless service;
8640 (v) a mobile wireless service;
8641 (vi) a postpaid calling service;
8642 (vii) a prepaid calling service;
8643 (viii) a prepaid wireless calling service; or
8644 (ix) a private communications service.
8645 (c) "Telecommunications service" does not include:
8646 (i) advertising, including directory advertising;
8647 (ii) an ancillary service;
8648 (iii) a billing and collection service provided to a third party;
8649 (iv) a data processing and information service if:
8650 (A) the data processing and information service allows data to be:
8651 (I) (Aa) acquired;
8652 (Bb) generated;
8653 (Cc) processed;
8654 (Dd) retrieved; or
8655 (Ee) stored; and
8656 (II) delivered by an electronic transmission to a purchaser; and
8657 (B) the purchaser's primary purpose for the underlying transaction is the processed data
8658 or information;
8659 (v) installation or maintenance of the following on a customer's premises:
8660 (A) equipment; or
8661 (B) wiring;
8662 (vi) Internet access service;
8663 (vii) a paging service;
8664 (viii) a product transferred electronically, including:
8665 (A) music;
8666 (B) reading material;
8667 (C) a ring tone;
8668 (D) software; or
8669 (E) video;
8670 (ix) a radio and television audio and video programming service:
8671 (A) regardless of the medium; and
8672 (B) including:
8673 (I) furnishing conveyance, routing, or transmission of a television audio and video
8674 programming service by a programming service provider;
8675 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
8676 (III) audio and video programming services delivered by a commercial mobile radio
8677 service provider as defined in 47 C.F.R. Sec. 20.3;
8678 (x) a value-added nonvoice data service; or
8679 (xi) tangible personal property.
8680 (134) (a) "Telecommunications service provider" means a person that:
8681 (i) owns, controls, operates, or manages a telecommunications service; and
8682 (ii) engages in an activity described in Subsection (134)(a)(i) for the shared use with or
8683 resale to any person of the telecommunications service.
8684 (b) A person described in Subsection (134)(a) is a telecommunications service provider
8685 whether or not the Public Service Commission of Utah regulates:
8686 (i) that person; or
8687 (ii) the telecommunications service that the person owns, controls, operates, or
8688 manages.
8689 (135) (a) "Telecommunications switching or routing equipment, machinery, or
8690 software" means an item listed in Subsection (135)(b) if that item is purchased or leased
8691 primarily for switching or routing:
8692 (i) an ancillary service;
8693 (ii) data communications;
8694 (iii) voice communications; or
8695 (iv) telecommunications service.
8696 (b) The following apply to Subsection (135)(a):
8697 (i) a bridge;
8698 (ii) a computer;
8699 (iii) a cross connect;
8700 (iv) a modem;
8701 (v) a multiplexer;
8702 (vi) plug in circuitry;
8703 (vii) a router;
8704 (viii) software;
8705 (ix) a switch; or
8706 (x) equipment, machinery, or software that functions similarly to an item listed in
8707 Subsections (135)(b)(i) through (ix) as determined by the commission by rule made in
8708 accordance with Subsection (135)(c).
8709 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8710 commission may by rule define what constitutes equipment, machinery, or software that
8711 functions similarly to an item listed in Subsections (135)(b)(i) through (ix).
8712 (136) (a) "Telecommunications transmission equipment, machinery, or software"
8713 means an item listed in Subsection (136)(b) if that item is purchased or leased primarily for
8714 sending, receiving, or transporting:
8715 (i) an ancillary service;
8716 (ii) data communications;
8717 (iii) voice communications; or
8718 (iv) telecommunications service.
8719 (b) The following apply to Subsection (136)(a):
8720 (i) an amplifier;
8721 (ii) a cable;
8722 (iii) a closure;
8723 (iv) a conduit;
8724 (v) a controller;
8725 (vi) a duplexer;
8726 (vii) a filter;
8727 (viii) an input device;
8728 (ix) an input/output device;
8729 (x) an insulator;
8730 (xi) microwave machinery or equipment;
8731 (xii) an oscillator;
8732 (xiii) an output device;
8733 (xiv) a pedestal;
8734 (xv) a power converter;
8735 (xvi) a power supply;
8736 (xvii) a radio channel;
8737 (xviii) a radio receiver;
8738 (xix) a radio transmitter;
8739 (xx) a repeater;
8740 (xxi) software;
8741 (xxii) a terminal;
8742 (xxiii) a timing unit;
8743 (xxiv) a transformer;
8744 (xxv) a wire; or
8745 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
8746 Subsections (136)(b)(i) through (xxv) as determined by the commission by rule made in
8747 accordance with Subsection (136)(c).
8748 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8749 commission may by rule define what constitutes equipment, machinery, or software that
8750 functions similarly to an item listed in Subsections (136)(b)(i) through (xxv).
8751 (137) (a) "Textbook for a higher education course" means a textbook or other printed
8752 material that is required for a course:
8753 (i) offered by an institution of higher education; and
8754 (ii) that the purchaser of the textbook or other printed material attends or will attend.
8755 (b) "Textbook for a higher education course" includes a textbook in electronic format.
8756 (138) "Tobacco" means:
8757 (a) a cigarette;
8758 (b) a cigar;
8759 (c) chewing tobacco;
8760 (d) pipe tobacco; or
8761 (e) any other item that contains tobacco.
8762 (139) "Unassisted amusement device" means an amusement device, skill device, or
8763 ride device that is started and stopped by the purchaser or renter of the right to use or operate
8764 the amusement device, skill device, or ride device.
8765 (140) (a) "Use" means the exercise of any right or power over tangible personal
8766 property, a product transferred electronically, or a service under Subsection 59-12-103(1),
8767 incident to the ownership or the leasing of that tangible personal property, product transferred
8768 electronically, or service.
8769 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
8770 property, a product transferred electronically, or a service in the regular course of business and
8771 held for resale.
8772 (141) "Value-added nonvoice data service" means a service:
8773 (a) that otherwise meets the definition of a telecommunications service except that a
8774 computer processing application is used to act primarily for a purpose other than conveyance,
8775 routing, or transmission; and
8776 (b) with respect to which a computer processing application is used to act on data or
8777 information:
8778 (i) code;
8779 (ii) content;
8780 (iii) form; or
8781 (iv) protocol.
8782 (142) (a) Subject to Subsection (142)(b), "vehicle" means the following that are
8783 required to be titled, registered, or titled and registered:
8784 (i) an aircraft as defined in Section 72-10-102;
8785 (ii) a vehicle as defined in Section 41-1a-102;
8786 (iii) an off-highway vehicle as defined in Section 41-22-2; or
8787 (iv) a vessel as defined in Section 41-1a-102.
8788 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
8789 (i) a vehicle described in Subsection (142)(a); or
8790 (ii) (A) a locomotive;
8791 (B) a freight car;
8792 (C) railroad work equipment; or
8793 (D) other railroad rolling stock.
8794 (143) "Vehicle dealer" means a person engaged in the business of buying, selling, or
8795 exchanging a vehicle as defined in Subsection (142).
8796 (144) (a) "Vertical service" means an ancillary service that:
8797 (i) is offered in connection with one or more telecommunications services; and
8798 (ii) offers an advanced calling feature that allows a customer to:
8799 (A) identify a caller; and
8800 (B) manage multiple calls and call connections.
8801 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
8802 conference bridging service.
8803 (145) (a) "Voice mail service" means an ancillary service that enables a customer to
8804 receive, send, or store a recorded message.
8805 (b) "Voice mail service" does not include a vertical service that a customer is required
8806 to have in order to utilize a voice mail service.
8807 (146) (a) Except as provided in Subsection (146)(b), "waste energy facility" means a
8808 facility that generates electricity:
8809 (i) using as the primary source of energy waste materials that would be placed in a
8810 landfill or refuse pit if it were not used to generate electricity, including:
8811 (A) tires;
8812 (B) waste coal;
8813 (C) oil shale; or
8814 (D) municipal solid waste; and
8815 (ii) in amounts greater than actually required for the operation of the facility.
8816 (b) "Waste energy facility" does not include a facility that incinerates:
8817 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
8818 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
8819 (147) "Watercraft" means a vessel as defined in Section 73-18-2.
8820 (148) "Wind energy" means wind used as the sole source of energy to produce
8821 electricity.
8822 (149) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
8823 location by the United States Postal Service.
8824 Section 163. Section 63A-3-103 is amended to read:
8825 63A-3-103. Duties of director of division -- Application to institutions of higher
8826 education.
8827 (1) The director of the Division of Finance shall:
8828 (a) define fiscal procedures relating to approval and allocation of funds;
8829 (b) provide for the accounting control of funds;
8830 (c) promulgate rules that:
8831 (i) establish procedures for maintaining detailed records of all types of leases;
8832 (ii) account for all types of leases in accordance with generally accepted accounting
8833 principles;
8834 (iii) require the performance of a lease with an option to purchase study by state
8835 agencies prior to any lease with an option to purchase acquisition of capital equipment; and
8836 (iv) require that the completed lease with an option to purchase study be approved by
8837 the director of the Division of Finance;
8838 (d) if the department operates the Division of Finance as an internal service fund
8839 agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in
8840 Section 63A-1-114:
8841 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
8842 (ii) other information or analysis requested by the Rate Committee;
8843 (e) oversee the Office of State Debt Collection;
8844 (f) publish the state's current constitutional debt limit on the Utah Public Finance
8845 Website, created in Section 63A-1-202; and
8846 (g) prescribe other fiscal functions required by law or under the constitutional authority
8847 of the governor to transact all executive business for the state.
8848 (2) (a) Institutions of higher education are subject to the provisions of Title 63A,
8849 Chapter 3, Part 1, General Provisions, and Title 63A, Chapter 3, Part 2, Accounting System,
8850 only to the extent expressly authorized or required by the [
8851 of Higher Education under Title 53B, State System of Higher Education.
8852 (b) Institutions of higher education shall submit financial data for the past fiscal year
8853 conforming to generally accepted accounting principles to the director of the Division of
8854 Finance.
8855 (3) The Division of Finance shall prepare financial statements and other reports in
8856 accordance with legal requirements and generally accepted accounting principles for the state
8857 auditor's examination and certification:
8858 (a) not later than 60 days after a request from the state auditor; and
8859 (b) at the end of each fiscal year.
8860 Section 164. Section 63A-3-110 is amended to read:
8861 63A-3-110. Personal use expenditures for state officers and employees.
8862 (1) As used in this section:
8863 (a) "Employee" means a person who is not an elected or appointed officer and who is
8864 employed on a full- or part-time basis by a governmental entity.
8865 (b) "Governmental entity" means:
8866 (i) an executive branch agency of the state, the offices of the governor, lieutenant
8867 governor, state auditor, attorney general, and state treasurer, the State Board of Education, and
8868 the [
8869 (ii) the Office of the Legislative Auditor General, the Office of the Legislative Fiscal
8870 Analyst, the Office of Legislative Research and General Counsel, the Legislature, and
8871 legislative committees;
8872 (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
8873 administrative units in the judicial branch;
8874 (iv) independent state entities created under Title 63H, Independent State Entities; or
8875 (v) the Utah Science Technology and Research Governing Authority created under
8876 Section 63M-2-301.
8877 (c) "Officer" means a person who is elected or appointed to an office or position within
8878 a governmental entity.
8879 (d) (i) "Personal use expenditure" means an expenditure made without the authority of
8880 law that:
8881 (A) is not directly related to the performance of an activity as a state officer or
8882 employee;
8883 (B) primarily furthers a personal interest of a state officer or employee or a state
8884 officer's or employee's family, friend, or associate; and
8885 (C) would constitute taxable income under federal law.
8886 (ii) "Personal use expenditure" does not include:
8887 (A) a de minimis or incidental expenditure; or
8888 (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to
8889 travel to and from the officer or employee's official duties, including a minimal allowance for a
8890 detour as provided by the state.
8891 (e) "Public funds" means the same as that term is defined in Section 51-7-3.
8892 (2) A state officer or employee may not:
8893 (a) use public funds for a personal use expenditure; or
8894 (b) incur indebtedness or liability on behalf of, or payable by, a governmental entity for
8895 a personal use expenditure.
8896 (3) If the Division of Finance or the responsible governmental entity determines that a
8897 state officer or employee has intentionally made a personal use expenditure in violation of
8898 Subsection (2), the governmental entity shall:
8899 (a) require the state officer or employee to deposit the amount of the personal use
8900 expenditure into the fund or account from which:
8901 (i) the personal use expenditure was disbursed; or
8902 (ii) payment for the indebtedness or liability for a personal use expenditure was
8903 disbursed;
8904 (b) require the state officer or employee to remit an administrative penalty in an
8905 amount equal to 50% of the personal use expenditure to the Division of Finance; and
8906 (c) deposit the money received under Subsection (3)(b) into the General Fund.
8907 (4) (a) Any state officer or employee who has been found by a governmental entity to
8908 have made a personal use expenditure in violation of Subsection (2) may appeal the finding of
8909 the governmental entity.
8910 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8911 Division of Finance shall make rules regarding an appeal process for an appeal made under
8912 Subsection (4)(a), including the designation of an appeal authority.
8913 (5) (a) Subject to Subsection (5)(b), the Division of Finance may withhold all or a
8914 portion of the wages of a state officer or employee who has violated Subsection (2) until the
8915 requirements of Subsection (3) have been met.
8916 (b) If the state officer or employee has requested an appeal under Subsection (4), the
8917 Division of Finance may only withhold the wages of the officer or employee after the appeal
8918 authority described in Subsection (4)(b) has confirmed that the officer or employee violated
8919 Subsection (2).
8920 (6) Nothing in this chapter immunizes a state officer or employee from or precludes
8921 any criminal prosecution or civil or employment action for an unlawful personal use
8922 expenditure.
8923 (7) A state officer or employee who is convicted of misusing public money or public
8924 property under Section 76-8-402 may not disburse public funds or access public accounts.
8925 Section 165. Section 63A-4-103 is amended to read:
8926 63A-4-103. Risk management -- Duties of state agencies.
8927 (1) (a) Unless specifically authorized by statute to do so, a state agency may not:
8928 (i) purchase insurance or self-fund any risk unless authorized by the risk manager; or
8929 (ii) procure or provide liability insurance for the state.
8930 (b) (i) Notwithstanding the provisions of Subsection (1)(a), the [
8931
8932 purchase insurance for, or self-fund, risks associated with their programs and activities that are
8933 not covered through the risk manager.
8934 (ii) The [
8935 of those purchased policies to the risk manager.
8936 (iii) The [
8937 state is named as additional insured on any of those policies.
8938 (2) Each state agency shall:
8939 (a) comply with reasonable risk related recommendations made by the risk manager;
8940 (b) participate in risk management training activities conducted or sponsored by the
8941 risk manager;
8942 (c) include the insurance and liability provisions prescribed by the risk manager in all
8943 state contracts, together with a statement certifying to the other party to the contract that the
8944 insurance and liability provisions in the contract are those prescribed by the risk manager;
8945 (d) at each principal design stage, provide written notice to the risk manager that
8946 construction and major remodeling plans relating to agency buildings and facilities to be
8947 covered by the fund are available for review, for risk control purposes, and make them
8948 available to the risk manager for his review and recommendations; and
8949 (e) cooperate fully with requests from the risk manager for agency planning, program,
8950 or risk related information, and allow the risk manager to attend agency planning and
8951 management meetings.
8952 (3) Failure to include in the contract the provisions required by Subsection (2)(c) does
8953 not make the contract unenforceable by the state.
8954 Section 166. Section 63A-5-104 is amended to read:
8955 63A-5-104. Definitions -- Capital development and capital improvement process
8956 -- Approval requirements -- Limitations on new projects -- Emergencies.
8957 (1) As used in this section:
8958 (a) (i) "Capital developments" means a:
8959 (A) remodeling, site, or utility project with a total cost of $3,500,000 or more;
8960 (B) new facility with a construction cost of $500,000 or more; or
8961 (C) purchase of real property where an appropriation is requested to fund the purchase.
8962 (ii) "Capital developments" does not include a project described in Subsection
8963 (1)(b)(iii).
8964 (b) "Capital improvements" means:
8965 (i) a remodeling, alteration, replacement, or repair project with a total cost of less than
8966 $3,500,000;
8967 (ii) a site or utility improvement with a total cost of less than $3,500,000;
8968 (iii) a utility infrastructure improvement project that:
8969 (A) has a total cost of less than $7,000,000;
8970 (B) consists of two or more projects that, if done separately, would each cost less than
8971 $3,500,000; and
8972 (C) the State Building Board determines is more cost effective or feasible to be
8973 completed as a single project; or
8974 (iv) a new facility with a total construction cost of less than $500,000.
8975 (c) (i) "New facility" means the construction of a new building on state property
8976 regardless of funding source.
8977 (ii) "New facility" includes:
8978 (A) an addition to an existing building; and
8979 (B) the enclosure of space that was not previously fully enclosed.
8980 (iii) "New facility" does not include:
8981 (A) the replacement of state-owned space that is demolished or that is otherwise
8982 removed from state use, if the total construction cost of the replacement space is less than
8983 $3,500,000; or
8984 (B) the construction of facilities that do not fully enclose a space.
8985 (d) "Replacement cost of existing state facilities and infrastructure" means the
8986 replacement cost, as determined by the Division of Risk Management, of state facilities,
8987 excluding auxiliary facilities as defined by the State Building Board and the replacement cost
8988 of infrastructure as defined by the State Building Board.
8989 (e) "State funds" means public money appropriated by the Legislature.
8990 (2) (a) Except as provided in Subsection (2)(f), the board shall, on behalf of all state
8991 agencies, submit capital development recommendations and priorities to the Legislature for
8992 approval and prioritization.
8993 (b) In developing the board's capital development recommendations and priorities, the
8994 board shall require each state agency that requests an appropriation for a capital development
8995 project to:
8996 (i) submit to the board a capital development project request; and
8997 (ii) complete and submit to the board a study that demonstrates the feasibility of the
8998 capital development project, including:
8999 (A) the need for the capital development project;
9000 (B) the appropriateness of the scope of the capital development project;
9001 (C) any private funding for the capital development project; and
9002 (D) the economic and community impacts of the capital development project.
9003 (c) The board shall verify the completion and accuracy of a feasibility study that a state
9004 agency submits to the board under Subsection (2)(b).
9005 (d) The board shall require that an institution of higher education described in Section
9006 53B-1-102 that submits a request for a capital development project address whether and how,
9007 as a result of the project, the institution will:
9008 (i) offer courses or other resources that will help meet demand for jobs, training, and
9009 employment in the current market and the projected market for the next five years;
9010 (ii) respond to individual skilled and technical job demand over the next 3, 5, and 10
9011 years;
9012 (iii) respond to industry demands for trained workers;
9013 (iv) help meet commitments made by the Governor's Office of Economic
9014 Development, including relating to training and incentives;
9015 (v) respond to changing needs in the economy; and
9016 (vi) based on demographics, respond to demands for on-line or in-class instruction.
9017 (e) The board shall give more weight in the board's scoring process to a request that is
9018 designated as a higher priority by the [
9019 than a request that is designated as a lower priority by the [
9020 of Higher Education only when determining the order of prioritization among requests
9021 submitted by the [
9022 (f) (i) For a dedicated project as defined in Section 53B-2a-101 or 53B-22-201, the
9023 board shall submit recommendations to the Legislature in accordance with this section.
9024 (ii) A dedicated project as defined in Section 53B-2a-101 or 53B-22-201 is not subject
9025 to prioritization by the board.
9026 (3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
9027 project may not be constructed on state property without legislative approval.
9028 (b) Legislative approval is not required for a capital development project that consists
9029 of the design or construction of a new facility if:
9030 (i) the board determines that the requesting state agency has provided adequate
9031 assurance that state funds will not be used for the design or construction of the facility;
9032 (ii) the state agency provides to the board a written document, signed by the head of the
9033 state agency:
9034 (A) stating that funding or a revenue stream is in place, or will be in place before the
9035 project is completed, to ensure that increased state funding will not be required to cover the
9036 cost of operations and maintenance to the resulting facility for immediate or future capital
9037 improvements; and
9038 (B) detailing the source of the funding that will be used for the cost of operations and
9039 maintenance for immediate and future capital improvements to the resulting facility; and
9040 (iii) the board determines that the use of the state property is:
9041 (A) appropriate and consistent with the master plan for the property; and
9042 (B) will not create an adverse impact on the state.
9043 (c) (i) The Division of Facilities Construction and Management shall maintain a record
9044 of facilities constructed under the exemption provided in Subsection (3)(b).
9045 (ii) For facilities constructed under the exemption provided in Subsection (3)(b), a state
9046 agency may not request:
9047 (A) increased state funds for operations and maintenance; or
9048 (B) state capital improvement funding.
9049 (d) Legislative approval is not required for:
9050 (i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds
9051 that has been approved by the board;
9052 (ii) a facility to be built with nonstate funds and owned by nonstate entities within
9053 research park areas at the University of Utah and Utah State University;
9054 (iii) a facility to be built at This is the Place State Park by This is the Place Foundation
9055 with funds of the foundation, including grant money from the state, or with donated services or
9056 materials;
9057 (iv) a capital project that:
9058 (A) is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization
9059 Fund; and
9060 (B) does not provide a new facility for a state agency or higher education institution; or
9061 (v) a capital project on school and institutional trust lands that is funded by the School
9062 and Institutional Trust Lands Administration from the Land Grant Management Fund and that
9063 does not fund construction of a new facility for a state agency or higher education institution.
9064 (e) (i) Legislative approval is not required for capital development projects to be built
9065 for the Department of Transportation:
9066 (A) as a result of an exchange of real property under Section 72-5-111; or
9067 (B) as a result of a sale or exchange of real property from a maintenance facility if the
9068 real property is exchanged for, or the proceeds from the sale of the real property are used for,
9069 another maintenance facility, including improvements for a maintenance facility and real
9070 property.
9071 (ii) When the Department of Transportation approves a sale or exchange under
9072 Subsection (3)(e), it shall notify the president of the Senate, the speaker of the House, and the
9073 cochairs of the Infrastructure and General Government Appropriations Subcommittee of the
9074 Legislature's Joint Appropriation Committee about any new facilities to be built or improved
9075 under this exemption.
9076 (4) The Legislature may authorize:
9077 (a) the total square feet to be occupied by each state agency; and
9078 (b) the total square feet and total cost of lease space for each agency.
9079 (5) If construction of a new building or facility will require an immediate or future
9080 increase in state funding for operations and maintenance or for capital improvements, the
9081 Legislature may not authorize the new building or facility until the Legislature appropriates
9082 funds for:
9083 (a) the portion of operations and maintenance, if any, that will require an immediate or
9084 future increase in state funding; and
9085 (b) the portion of capital improvements, if any, that will require an immediate or future
9086 increase in state funding.
9087 (6) (a) Except as provided in Subsections (6)(b) and (c), the Legislature may not fund
9088 the design or construction of any new capital development projects, except to complete the
9089 funding of projects for which partial funding has been previously provided, until the
9090 Legislature has appropriated 1.1% of the replacement cost of existing state facilities and
9091 infrastructure to capital improvements.
9092 (b) If the Legislature determines that there exists an Education Fund budget deficit or a
9093 General Fund budget deficit as those terms are defined in Section 63J-1-312, the Legislature
9094 may, in eliminating the deficit, reduce the amount appropriated to capital improvements to
9095 0.9% of the replacement cost of state buildings and infrastructure.
9096 (c) Subsection (6)(a) does not apply to a dedicated project as defined in Section
9097 53B-2a-101 or 53B-22-201.
9098 (7) (a) (i) Except as provided in Subsection (7)(a)(ii), the Legislature may not fund the
9099 design and construction of a new facility in phases over more than one year unless the
9100 Legislature approves the funding for both the design and construction by a vote of two-thirds of
9101 all the members elected to each house.
9102 (ii) Subsection (7)(a)(i) does not apply to a dedicated project as defined in Section
9103 53B-2a-101 or 53B-22-201.
9104 (b) An agency is required to receive approval from the board before the agency begins
9105 programming for a new facility that requires legislative approval under Subsection (3).
9106 (c) The board or an agency may fund the programming of a new facility before the
9107 Legislature makes an appropriation for the new facility under Subsection (7)(a).
9108 (8) (a) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures
9109 Act, after the Legislature approves capital development and capital improvement priorities
9110 under this section and Section 63A-5-228, if an emergency arises that creates an unforeseen
9111 and critical need for a capital improvement project, the board may reallocate capital
9112 improvement funds to address the project.
9113 (b) The board shall report any changes the board makes in capital improvement
9114 allocations approved by the Legislature to:
9115 (i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
9116 (ii) the Legislature at its next annual general session.
9117 Section 167. Section 63A-5-303 is amended to read:
9118 63A-5-303. Lease reporting and coordination.
9119 (1) The director shall:
9120 (a) prepare a standard form upon which agencies and other state institutions and
9121 entities can report their current and proposed lease activity, including any lease renewals; and
9122 (b) develop procedures and mechanisms within the division to:
9123 (i) obtain and share information about each agency's real property needs; and
9124 (ii) provide oversight and review of lessors and lessees during the term of each lease.
9125 (2) Each agency, the Judicial Council, and the [
9126 each institution of higher education shall report all current and proposed lease activity on the
9127 standard form prepared by the division to:
9128 (a) the State Building Board; and
9129 (b) the Office of Legislative Fiscal Analyst.
9130 Section 168. Section 63A-5-305 is amended to read:
9131 63A-5-305. Leasing by higher education institutions.
9132 (1) The [
9133 policies and procedures governing leasing by higher education institutions.
9134 (2) Except as provided in Sections 53B-2a-113 and 63M-2-602, a higher education
9135 institution shall comply with the procedures and requirements of the [
9136 Board of Higher Education policies before signing or renewing a lease.
9137 Section 169. Section 63A-5-501 is amended to read:
9138 63A-5-501. Making keys to buildings of the state, political subdivisions, or
9139 colleges and universities without permission prohibited.
9140 No person shall knowingly make or cause to be made any key or duplicate key for any
9141 building, laboratory, facility, room, dormitory, hall or any other structure or part thereof owned
9142 by the state, by any political subdivision thereof or by the [
9143 Higher Education or other governing body of any college or university [
9144 supported wholly or in part by the state without the prior written consent of the state, political
9145 subdivision, [
9146 Section 170. Section 63C-19-102 is amended to read:
9147 63C-19-102. Definitions.
9148 As used in this chapter:
9149 (1) "Commission" means the Higher Education Strategic Planning Commission created
9150 in Section 63C-19-201.
9151 (2) "Institution of higher education" means an institution described in [
9152
9153 (3) "Institutional role" means an institution of higher education's role described in
9154 Section 53B-16-101.
9155 (4) "State system of higher education" means the state system of higher education
9156 described in Section 53B-1-102.
9157 (5) "Strategic plan" means the strategic plan described in Section 63C-19-202.
9158 (6) "Technical college" means the same as that term is defined in Section 53B-1-101.5.
9159 Section 171. Section 63C-19-201 is amended to read:
9160 63C-19-201. Higher Education Strategic Planning Commission -- Membership --
9161 Quorum and voting requirements -- Compensation -- Staff support.
9162 (1) There is created the Higher Education Strategic Planning Commission consisting of
9163 the following [
9164 (a) two members of the Senate, appointed by the president of the Senate;
9165 (b) two members of the House of Representatives, appointed by the speaker of the
9166 House of Representatives;
9167 [
9168
9169 [
9170
9171 (c) four members of the Utah Board of Higher Education, appointed by the chair of the
9172 Utah Board of Higher Education;
9173 [
9174 Board of Higher Education, who represent degree-granting institutions of higher education
9175 from a range of geographic areas and with varied institutional roles;
9176 [
9177
9178 from a range of geographic areas;
9179 [
9180 [
9181 [
9182 governor on education issues, appointed by the governor; or
9183 (ii) a member of the governor's staff designated by the individual described in
9184 Subsection (1)(g)(i);
9185 [
9186 the executive director's designee;
9187 [
9188 executive director's designee;
9189 [
9190 and
9191 [
9192 one appointed by the speaker of the House of Representatives.
9193 (2) (a) The president of the Senate shall appoint one of the members described in
9194 Subsection (1)(a) as a cochair of the commission.
9195 (b) The speaker of the House of Representatives shall appoint one of the members
9196 described in Subsection (1)(b) as a cochair of the commission.
9197 (c) The chair of the [
9198 appoint [
9199 the commission.
9200 [
9201
9202 (3) (a) The salary and expenses of a commission member who is a legislator shall be
9203 paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
9204 Legislator Compensation.
9205 (b) A commission member who is not a legislator may not receive compensation or
9206 benefits for the member's service on the commission, but may receive per diem and
9207 reimbursement for travel expenses incurred as a commission member at the rates established by
9208 the Division of Finance under:
9209 (i) Sections 63A-3-106 and 63A-3-107; and
9210 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
9211 63A-3-107.
9212 (4) (a) A majority of the commission members constitutes a quorum.
9213 (b) The action of a majority of a quorum constitutes an action of the commission.
9214 (5) The Office of Legislative Research and General Counsel and the Office of the
9215 Legislative Fiscal Analyst shall provide staff support to the commission.
9216 Section 172. Section 63C-19-202 is amended to read:
9217 63C-19-202. Commission powers and duties -- Strategic plan -- Reports.
9218 (1) (a) [
9219 aimed at meeting the future challenges of the state system of higher education.
9220 (b) The strategic plan shall address:
9221 (i) providing quality, accessible, and innovative postsecondary education that prepares
9222 Utahns for the twenty-first century;
9223 (ii) cost-effective and affordable modes of higher education delivery;
9224 (iii) the integration of prior learning and competency-based experiences to meet degree
9225 or certificate requirements;
9226 (iv) maximizing the role of the state system of higher education in workforce and
9227 economic development;
9228 (v) a statewide campus and technology master plan that reflects regional differences in
9229 projected student enrollment growth in the state system of higher education;
9230 (vi) governance of the state system of higher education, including studying best
9231 practices and recommending modifications; and
9232 (vii) other issues related to the state system of higher education as determined by the
9233 commission.
9234 [
9235 [
9236
9237 [
9238
9239 [
9240
9241 [
9242
9243 [
9244 [
9245
9246 [
9247
9248 [
9249
9250 [
9251 [
9252 [
9253
9254 [
9255
9256 [
9257 [
9258
9259 [
9260 [
9261
9262 [
9263
9264 [
9265 [
9266 [
9267 [
9268
9269 [
9270 [
9271 [
9272
9273 [
9274 [
9275
9276 [
9277
9278 [
9279
9280 [
9281 [
9282 [
9283
9284 [
9285
9286
9287 (2) During calendar year 2020, the commission shall:
9288 (a) develop a statewide attainment goal and subgoals for higher education;
9289 (b) define affordability for higher education in the state; and
9290 (c) assist in facilitating the transition to the Utah Board of Higher Education.
9291 [
9292 commission's progress to:
9293 (i) the Education Interim Committee;
9294 (ii) the Higher Education Appropriations Subcommittee;
9295 (iii) the Legislative Management Committee; and
9296 (iv) the governor.
9297 (b) On or before November 30, 2019, the commission shall provide a [
9298 including a strategic plan and any recommendations, to:
9299 (i) the Education Interim Committee;
9300 (ii) the Higher Education Appropriations Subcommittee;
9301 (iii) the Legislative Management Committee; and
9302 (iv) the governor.
9303 (c) On or before November 30, 2020, the commission shall report on the duties
9304 described in Subsection (2) to:
9305 (i) the Education Interim Committee;
9306 (ii) the Higher Education Appropriations Subcommittee;
9307 (iii) the Legislative Management Committee; and
9308 (iv) the governor.
9309 Section 173. Section 63D-2-102 is amended to read:
9310 63D-2-102. Definitions.
9311 As used in this chapter:
9312 (1) (a) "Collect" means the gathering of personally identifiable information:
9313 (i) from a user of a governmental website; or
9314 (ii) about a user of the governmental website.
9315 (b) "Collect" includes use of any identifying code linked to a user of a governmental
9316 website.
9317 (2) "Court website" means a website on the Internet that is operated by or on behalf of
9318 any court created in Title 78A, Chapter 1, Judiciary.
9319 (3) "Governmental entity" means:
9320 (a) an executive branch agency as defined in Section 63F-1-102;
9321 (b) the legislative branch;
9322 (c) the judicial branch;
9323 (d) the State Board of Education;
9324 (e) the [
9325 (f) an institution of higher education; and
9326 (g) a political subdivision of the state:
9327 (i) as defined in Section 17B-1-102; and
9328 (ii) including a school district.
9329 (4) (a) "Governmental website" means a website on the Internet that is operated by or
9330 on behalf of a governmental entity.
9331 (b) "Governmental website" includes a court website.
9332 (5) "Governmental website operator" means a governmental entity or person acting on
9333 behalf of the governmental entity that:
9334 (a) operates a governmental website; and
9335 (b) collects or maintains personally identifiable information from or about a user of
9336 that website.
9337 (6) "Personally identifiable information" means information that identifies:
9338 (a) a user by:
9339 (i) name;
9340 (ii) account number;
9341 (iii) physical address;
9342 (iv) email address;
9343 (v) telephone number;
9344 (vi) Social Security number;
9345 (vii) credit card information; or
9346 (viii) bank account information;
9347 (b) a user as having requested or obtained specific materials or services from a
9348 governmental website;
9349 (c) Internet sites visited by a user; or
9350 (d) any of the contents of a user's data-storage device.
9351 (7) "User" means a person who accesses a governmental website.
9352 Section 174. Section 63F-1-102 is amended to read:
9353 63F-1-102. Definitions.
9354 As used in this title:
9355 (1) "Chief information officer" means the chief information officer appointed under
9356 Section 63F-1-201.
9357 (2) "Data center" means a centralized repository for the storage, management, and
9358 dissemination of data.
9359 (3) "Department" means the Department of Technology Services.
9360 (4) "Enterprise architecture" means:
9361 (a) information technology that can be applied across state government; and
9362 (b) support for information technology that can be applied across state government,
9363 including:
9364 (i) technical support;
9365 (ii) master software licenses; and
9366 (iii) hardware and software standards.
9367 (5) (a) "Executive branch agency" means an agency or administrative subunit of state
9368 government.
9369 (b) "Executive branch agency" does not include:
9370 (i) the legislative branch;
9371 (ii) the judicial branch;
9372 (iii) the State Board of Education;
9373 (iv) the [
9374 (v) institutions of higher education;
9375 (vi) independent entities as defined in Section 63E-1-102; and
9376 (vii) elective constitutional offices of the executive department which includes:
9377 (A) the state auditor;
9378 (B) the state treasurer; and
9379 (C) the attorney general.
9380 (6) "Executive branch strategic plan" means the executive branch strategic plan created
9381 under Section 63F-1-203.
9382 (7) "Individual with a disability" means an individual with a condition that meets the
9383 definition of "disability" in 42 U.S.C. Sec. 12102.
9384 (8) "Information technology" means all computerized and auxiliary automated
9385 information handling, including:
9386 (a) systems design and analysis;
9387 (b) acquisition, storage, and conversion of data;
9388 (c) computer programming;
9389 (d) information storage and retrieval;
9390 (e) voice, video, and data communications;
9391 (f) requisite systems controls;
9392 (g) simulation; and
9393 (h) all related interactions between people and machines.
9394 (9) "State information architecture" means a logically consistent set of principles,
9395 policies, and standards that guide the engineering of state government's information technology
9396 and infrastructure in a way that ensures alignment with state government's business and service
9397 needs.
9398 Section 175. Section 63F-1-206 is amended to read:
9399 63F-1-206. Rulemaking -- Policies.
9400 (1) (a) Except as provided in Subsection (2), the chief information officer shall, by rule
9401 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
9402 (i) provide standards that impose requirements on executive branch agencies that:
9403 (A) are related to the security of the statewide area network; and
9404 (B) establish standards for when an agency must obtain approval before obtaining
9405 items listed in Subsection 63F-1-205(1);
9406 (ii) specify the detail and format required in an agency information technology plan
9407 submitted in accordance with Section 63F-1-204;
9408 (iii) provide for standards related to the privacy policies of websites operated by or on
9409 behalf of an executive branch agency;
9410 (iv) provide for the acquisition, licensing, and sale of computer software;
9411 (v) specify the requirements for the project plan and business case analysis required by
9412 Section 63F-1-205;
9413 (vi) provide for project oversight of agency technology projects when required by
9414 Section 63F-1-205;
9415 (vii) establish, in accordance with Subsection 63F-1-205(2), the implementation of the
9416 needs assessment for information technology purchases;
9417 (viii) establish telecommunications standards and specifications in accordance with
9418 Section 63F-1-404; and
9419 (ix) establish standards for accessibility of information technology by individuals with
9420 disabilities in accordance with Section 63F-1-210.
9421 (b) The rulemaking authority granted by this Subsection (1) is in addition to any other
9422 rulemaking authority granted by this title.
9423 (2) (a) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9424 and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
9425 procedures to be followed by the chief information officer in facilitating the implementation of
9426 this title by executive branch agencies if the policy:
9427 (i) is consistent with the executive branch strategic plan; and
9428 (ii) is not required to be made by rule under Subsection (1) or Section 63G-3-201.
9429 (b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
9430 not take effect until 30 days after the day on which the chief information officer submits the
9431 policy to:
9432 (A) the governor; and
9433 (B) all cabinet level officials.
9434 (ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
9435 may review and comment on a policy submitted under Subsection (2)(b)(i).
9436 (3) (a) Notwithstanding Subsection (1) or (2) or Title 63G, Chapter 3, Utah
9437 Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
9438 chief information officer may adopt a security procedure to be followed by executive branch
9439 agencies to protect the statewide area network if:
9440 (i) broad communication of the security procedure would create a significant potential
9441 for increasing the vulnerability of the statewide area network to breach or attack; and
9442 (ii) after consultation with the chief information officer, the governor agrees that broad
9443 communication of the security procedure would create a significant potential increase in the
9444 vulnerability of the statewide area network to breach or attack.
9445 (b) A security procedure described in Subsection (3)(a) is classified as a protected
9446 record under Title 63G, Chapter 2, Government Records Access and Management Act.
9447 (c) The chief information officer shall provide a copy of the security procedure as a
9448 protected record to:
9449 (i) the chief justice of the Utah Supreme Court for the judicial branch;
9450 (ii) the speaker of the House of Representatives and the president of the Senate for the
9451 legislative branch;
9452 (iii) the chair of the [
9453 (iv) the chair of the State Board of Education.
9454 Section 176. Section 63F-1-303 is amended to read:
9455 63F-1-303. Executive branch agencies -- Subscription by institutions.
9456 (1) An executive branch agency in accordance with its agency information technology
9457 plan approved by the chief information officer shall:
9458 (a) subscribe to the information technology services provided by the department; or
9459 (b) contract with one or more alternate private providers of information technology
9460 services if the chief information officer determines that the purchase of the services from a
9461 private provider will:
9462 (i) result in:
9463 (A) cost savings;
9464 (B) increased efficiency; or
9465 (C) improved quality of services; and
9466 (ii) not impair the interoperability of the state's information technology services.
9467 (2) An institution of higher education may subscribe to the services provided by the
9468 department if:
9469 (a) the president of the institution recommends that the institution subscribe to the
9470 services of the department; and
9471 (b) the [
9472 subscription to the services of the department will result in cost savings or increased efficiency
9473 to the institution.
9474 (3) The following may subscribe to information technology services by requesting that
9475 the services be provided from the department:
9476 (a) the legislative branch;
9477 (b) the judicial branch;
9478 (c) the State Board of Education;
9479 (d) a political subdivision of the state;
9480 (e) an agency of the federal government;
9481 (f) an independent entity as defined in Section 63E-1-102; and
9482 (g) an elective constitutional officer of the executive department as defined in
9483 Subsection 63F-1-102(5)(b)(vii).
9484 Section 177. Section 63F-2-102 is amended to read:
9485 63F-2-102. Data Security Management Council -- Membership -- Duties.
9486 (1) There is created the Data Security Management Council composed of [
9487 members as follows:
9488 (a) the chief information officer appointed under Section 63F-1-201, or the chief
9489 information officer's designee;
9490 (b) one individual appointed by the governor;
9491 (c) one individual appointed by the speaker of the House of Representatives and the
9492 president of the Senate from the Legislative Information Technology Steering Committee; and
9493 (d) the highest ranking information technology official, or the highest ranking
9494 information technology official's designee, from each of:
9495 (i) the Judicial Council;
9496 (ii) the [
9497 (iii) the State Board of Education;
9498 [
9499 [
9500 [
9501 (2) The council shall elect a chair of the council by majority vote.
9502 (3) (a) A majority of the members of the council constitutes a quorum.
9503 (b) Action by a majority of a quorum of the council constitutes an action of the council.
9504 (4) The Department of Technology Services shall provide staff to the council.
9505 (5) The council shall meet quarterly, or as often as necessary, to:
9506 (a) review existing state government data security policies;
9507 (b) assess ongoing risks to state government information technology;
9508 (c) create a method to notify state and local government entities of new risks;
9509 (d) coordinate data breach simulation exercises with state and local government
9510 entities; and
9511 (e) develop data security best practice recommendations for state government that
9512 include recommendations regarding:
9513 (i) hiring and training a chief information security officer for each government entity;
9514 (ii) continuous risk monitoring;
9515 (iii) password management;
9516 (iv) using the latest technology to identify and respond to vulnerabilities;
9517 (v) protecting data in new and old systems; and
9518 (vi) best procurement practices.
9519 (6) A member who is not a member of the Legislature may not receive compensation
9520 or benefits for the member's service but may receive per diem and travel expenses as provided
9521 in:
9522 (a) Section 63A-3-106;
9523 (b) Section 63A-3-107; and
9524 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
9525 Section 178. Section 63G-2-103 is amended to read:
9526 63G-2-103. Definitions.
9527 As used in this chapter:
9528 (1) "Audit" means:
9529 (a) a systematic examination of financial, management, program, and related records
9530 for the purpose of determining the fair presentation of financial statements, adequacy of
9531 internal controls, or compliance with laws and regulations; or
9532 (b) a systematic examination of program procedures and operations for the purpose of
9533 determining their effectiveness, economy, efficiency, and compliance with statutes and
9534 regulations.
9535 (2) "Chronological logs" mean the regular and customary summary records of law
9536 enforcement agencies and other public safety agencies that show:
9537 (a) the time and general nature of police, fire, and paramedic calls made to the agency;
9538 and
9539 (b) any arrests or jail bookings made by the agency.
9540 (3) "Classification," "classify," and their derivative forms mean determining whether a
9541 record series, record, or information within a record is public, private, controlled, protected, or
9542 exempt from disclosure under Subsection 63G-2-201(3)(b).
9543 (4) (a) "Computer program" means:
9544 (i) a series of instructions or statements that permit the functioning of a computer
9545 system in a manner designed to provide storage, retrieval, and manipulation of data from the
9546 computer system; and
9547 (ii) any associated documentation and source material that explain how to operate the
9548 computer program.
9549 (b) "Computer program" does not mean:
9550 (i) the original data, including numbers, text, voice, graphics, and images;
9551 (ii) analysis, compilation, and other manipulated forms of the original data produced by
9552 use of the program; or
9553 (iii) the mathematical or statistical formulas, excluding the underlying mathematical
9554 algorithms contained in the program, that would be used if the manipulated forms of the
9555 original data were to be produced manually.
9556 (5) (a) "Contractor" means:
9557 (i) any person who contracts with a governmental entity to provide goods or services
9558 directly to a governmental entity; or
9559 (ii) any private, nonprofit organization that receives funds from a governmental entity.
9560 (b) "Contractor" does not mean a private provider.
9561 (6) "Controlled record" means a record containing data on individuals that is controlled
9562 as provided by Section 63G-2-304.
9563 (7) "Designation," "designate," and their derivative forms mean indicating, based on a
9564 governmental entity's familiarity with a record series or based on a governmental entity's
9565 review of a reasonable sample of a record series, the primary classification that a majority of
9566 records in a record series would be given if classified and the classification that other records
9567 typically present in the record series would be given if classified.
9568 (8) "Elected official" means each person elected to a state office, county office,
9569 municipal office, school board or school district office, local district office, or special service
9570 district office, but does not include judges.
9571 (9) "Explosive" means a chemical compound, device, or mixture:
9572 (a) commonly used or intended for the purpose of producing an explosion; and
9573 (b) that contains oxidizing or combustive units or other ingredients in proportions,
9574 quantities, or packing so that:
9575 (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
9576 compound or mixture may cause a sudden generation of highly heated gases; and
9577 (ii) the resultant gaseous pressures are capable of:
9578 (A) producing destructive effects on contiguous objects; or
9579 (B) causing death or serious bodily injury.
9580 (10) "Government audit agency" means any governmental entity that conducts an audit.
9581 (11) (a) "Governmental entity" means:
9582 (i) executive department agencies of the state, the offices of the governor, lieutenant
9583 governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
9584 the Board of Examiners, the National Guard, the Career Service Review Office, the State
9585 Board of Education, the [
9586 State Archives;
9587 (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
9588 Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
9589 committees, except any political party, group, caucus, or rules or sifting committee of the
9590 Legislature;
9591 (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
9592 administrative units in the judicial branch;
9593 (iv) any state-funded institution of higher education or public education; or
9594 (v) any political subdivision of the state, but, if a political subdivision has adopted an
9595 ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
9596 chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
9597 as specified in any other section of this chapter that specifically refers to political subdivisions.
9598 (b) "Governmental entity" also means:
9599 (i) every office, agency, board, bureau, committee, department, advisory board, or
9600 commission of an entity listed in Subsection (11)(a) that is funded or established by the
9601 government to carry out the public's business;
9602 (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
9603 undertaking;
9604 (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
9605 (iv) an association as defined in Section 53G-7-1101;
9606 (v) the Utah Independent Redistricting Commission; and
9607 (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
9608 more law enforcement officers, as defined in Section 53-13-103.
9609 (c) "Governmental entity" does not include the Utah Educational Savings Plan created
9610 in Section 53B-8a-103.
9611 (12) "Gross compensation" means every form of remuneration payable for a given
9612 period to an individual for services provided including salaries, commissions, vacation pay,
9613 severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
9614 similar benefit received from the individual's employer.
9615 (13) "Individual" means a human being.
9616 (14) (a) "Initial contact report" means an initial written or recorded report, however
9617 titled, prepared by peace officers engaged in public patrol or response duties describing official
9618 actions initially taken in response to either a public complaint about or the discovery of an
9619 apparent violation of law, which report may describe:
9620 (i) the date, time, location, and nature of the complaint, the incident, or offense;
9621 (ii) names of victims;
9622 (iii) the nature or general scope of the agency's initial actions taken in response to the
9623 incident;
9624 (iv) the general nature of any injuries or estimate of damages sustained in the incident;
9625 (v) the name, address, and other identifying information about any person arrested or
9626 charged in connection with the incident; or
9627 (vi) the identity of the public safety personnel, except undercover personnel, or
9628 prosecuting attorney involved in responding to the initial incident.
9629 (b) Initial contact reports do not include follow-up or investigative reports prepared
9630 after the initial contact report. However, if the information specified in Subsection (14)(a)
9631 appears in follow-up or investigative reports, it may only be treated confidentially if it is
9632 private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
9633 (15) "Legislative body" means the Legislature.
9634 (16) "Notice of compliance" means a statement confirming that a governmental entity
9635 has complied with an order of the State Records Committee.
9636 (17) "Person" means:
9637 (a) an individual;
9638 (b) a nonprofit or profit corporation;
9639 (c) a partnership;
9640 (d) a sole proprietorship;
9641 (e) other type of business organization; or
9642 (f) any combination acting in concert with one another.
9643 (18) "Private provider" means any person who contracts with a governmental entity to
9644 provide services directly to the public.
9645 (19) "Private record" means a record containing data on individuals that is private as
9646 provided by Section 63G-2-302.
9647 (20) "Protected record" means a record that is classified protected as provided by
9648 Section 63G-2-305.
9649 (21) "Public record" means a record that is not private, controlled, or protected and that
9650 is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
9651 (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
9652 card, tape, recording, electronic data, or other documentary material regardless of physical form
9653 or characteristics:
9654 (i) that is prepared, owned, received, or retained by a governmental entity or political
9655 subdivision; and
9656 (ii) where all of the information in the original is reproducible by photocopy or other
9657 mechanical or electronic means.
9658 (b) "Record" does not mean:
9659 (i) a personal note or personal communication prepared or received by an employee or
9660 officer of a governmental entity:
9661 (A) in a capacity other than the employee's or officer's governmental capacity; or
9662 (B) that is unrelated to the conduct of the public's business;
9663 (ii) a temporary draft or similar material prepared for the originator's personal use or
9664 prepared by the originator for the personal use of an individual for whom the originator is
9665 working;
9666 (iii) material that is legally owned by an individual in the individual's private capacity;
9667 (iv) material to which access is limited by the laws of copyright or patent unless the
9668 copyright or patent is owned by a governmental entity or political subdivision;
9669 (v) proprietary software;
9670 (vi) junk mail or a commercial publication received by a governmental entity or an
9671 official or employee of a governmental entity;
9672 (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
9673 of a library open to the public;
9674 (viii) material that is cataloged, indexed, or inventoried and contained in the collections
9675 of a library open to the public, regardless of physical form or characteristics of the material;
9676 (ix) a daily calendar or other personal note prepared by the originator for the
9677 originator's personal use or for the personal use of an individual for whom the originator is
9678 working;
9679 (x) a computer program that is developed or purchased by or for any governmental
9680 entity for its own use;
9681 (xi) a note or internal memorandum prepared as part of the deliberative process by:
9682 (A) a member of the judiciary;
9683 (B) an administrative law judge;
9684 (C) a member of the Board of Pardons and Parole; or
9685 (D) a member of any other body, other than an association or appeals panel as defined
9686 in Section 53G-7-1101, charged by law with performing a quasi-judicial function;
9687 (xii) a telephone number or similar code used to access a mobile communication
9688 device that is used by an employee or officer of a governmental entity, provided that the
9689 employee or officer of the governmental entity has designated at least one business telephone
9690 number that is a public record as provided in Section 63G-2-301;
9691 (xiii) information provided by the Public Employees' Benefit and Insurance Program,
9692 created in Section 49-20-103, to a county to enable the county to calculate the amount to be
9693 paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
9694 (xiv) information that an owner of unimproved property provides to a local entity as
9695 provided in Section 11-42-205;
9696 (xv) a video or audio recording of an interview, or a transcript of the video or audio
9697 recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;
9698 (xvi) child pornography, as defined by Section 76-5b-103; or
9699 (xvii) before final disposition of an ethics complaint occurs, a video or audio recording
9700 of the closed portion of a meeting or hearing of:
9701 (A) a Senate or House Ethics Committee;
9702 (B) the Independent Legislative Ethics Commission;
9703 (C) the Independent Executive Branch Ethics Commission, created in Section
9704 63A-14-202; or
9705 (D) the Political Subdivisions Ethics Review Commission established in Section
9706 63A-15-201.
9707 (23) "Record series" means a group of records that may be treated as a unit for
9708 purposes of designation, description, management, or disposition.
9709 (24) "Records officer" means the individual appointed by the chief administrative
9710 officer of each governmental entity, or the political subdivision to work with state archives in
9711 the care, maintenance, scheduling, designation, classification, disposal, and preservation of
9712 records.
9713 (25) "Schedule," "scheduling," and their derivative forms mean the process of
9714 specifying the length of time each record series should be retained by a governmental entity for
9715 administrative, legal, fiscal, or historical purposes and when each record series should be
9716 transferred to the state archives or destroyed.
9717 (26) "Sponsored research" means research, training, and other sponsored activities as
9718 defined by the federal Executive Office of the President, Office of Management and Budget:
9719 (a) conducted:
9720 (i) by an institution within the state system of higher education defined in Section
9721 53B-1-102; and
9722 (ii) through an office responsible for sponsored projects or programs; and
9723 (b) funded or otherwise supported by an external:
9724 (i) person that is not created or controlled by the institution within the state system of
9725 higher education; or
9726 (ii) federal, state, or local governmental entity.
9727 (27) "State archives" means the Division of Archives and Records Service created in
9728 Section 63A-12-101.
9729 (28) "State archivist" means the director of the state archives.
9730 (29) "State Records Committee" means the State Records Committee created in
9731 Section 63G-2-501.
9732 (30) "Summary data" means statistical records and compilations that contain data
9733 derived from private, controlled, or protected information but that do not disclose private,
9734 controlled, or protected information.
9735 Section 179. Section 63G-6a-103 is amended to read:
9736 63G-6a-103. Definitions.
9737 As used in this chapter:
9738 (1) "Applicable rulemaking authority" means:
9739 (a) for a legislative procurement unit, the Legislative Management Committee;
9740 (b) for a judicial procurement unit, the Judicial Council;
9741 (c) (i) only to the extent of the procurement authority expressly granted to the
9742 procurement unit by statute:
9743 (A) for the building board or the Division of Facilities Construction and Management,
9744 created in Section 63A-5-201, the building board;
9745 (B) for the Office of the Attorney General, the attorney general; and
9746 (C) for the Department of Transportation created in Section 72-1-201, the executive
9747 director of the Department of Transportation; and
9748 (ii) for each other executive branch procurement unit, the board;
9749 (d) for a local government procurement unit:
9750 (i) the legislative body of the local government procurement unit; or
9751 (ii) an individual or body designated by the legislative body of the local government
9752 procurement unit;
9753 (e) for a school district or a public school, the board, except to the extent of a school
9754 district's own nonadministrative rules that do not conflict with the provisions of this chapter;
9755 (f) for a state institution of higher education [
9756 Education;
9757 [
9758 [
9759
9760 (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
9761 State Board of Education;
9762 (h) for a public transit district, the chief executive of the public transit district;
9763 (i) for a local district other than a public transit district or for a special service district:
9764 (i) before January 1, 2015, the board of trustees of the local district or the governing
9765 body of the special service district; or
9766 (ii) on or after January 1, 2015, the board, except to the extent that the board of trustees
9767 of the local district or the governing body of the special service district makes its own rules:
9768 (A) with respect to a subject addressed by board rules; or
9769 (B) that are in addition to board rules;
9770 (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the board of
9771 directors of the Utah Educational Savings Plan;
9772 (k) for the School and Institutional Trust Lands Administration, created in Section
9773 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
9774 (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
9775 the School and Institutional Trust Fund Board of Trustees;
9776 (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
9777 Utah Communications Authority Board, created in Section 63H-7a-203; or
9778 (n) for any other procurement unit, the board.
9779 (2) "Approved vendor" means a person who has been approved for inclusion on an
9780 approved vendor list through the approved vendor list process.
9781 (3) "Approved vendor list" means a list of approved vendors established under Section
9782 63G-6a-507.
9783 (4) "Approved vendor list process" means the procurement process described in
9784 Section 63G-6a-507.
9785 (5) "Bidder" means a person who submits a bid or price quote in response to an
9786 invitation for bids.
9787 (6) "Bidding process" means the procurement process described in Part 6, Bidding.
9788 (7) "Board" means the Utah State Procurement Policy Board, created in Section
9789 63G-6a-202.
9790 (8) "Building board" means the State Building Board, created in Section 63A-5-101.
9791 (9) "Change directive" means a written order signed by the procurement officer that
9792 directs the contractor to suspend work or make changes, as authorized by contract, without the
9793 consent of the contractor.
9794 (10) "Change order" means a written alteration in specifications, delivery point, rate of
9795 delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
9796 agreement of the parties to the contract.
9797 (11) "Chief procurement officer" means the chief procurement officer appointed under
9798 Subsection 63G-6a-302(1).
9799 (12) "Conducting procurement unit" means a procurement unit that conducts all
9800 aspects of a procurement:
9801 (a) except:
9802 (i) reviewing a solicitation to verify that it is in proper form; and
9803 (ii) causing the publication of a notice of a solicitation; and
9804 (b) including:
9805 (i) preparing any solicitation document;
9806 (ii) appointing an evaluation committee;
9807 (iii) conducting the evaluation process, except as provided in Subsection
9808 63G-6a-707(6)(b) relating to scores calculated for costs of proposals;
9809 (iv) selecting and recommending the person to be awarded a contract;
9810 (v) negotiating the terms and conditions of a contract, subject to the issuing
9811 procurement unit's approval; and
9812 (vi) contract administration.
9813 (13) "Conservation district" means the same as that term is defined in Section
9814 17D-3-102.
9815 (14) "Construction":
9816 (a) means services, including work, and supplies for a project for the construction,
9817 renovation, alteration, improvement, or repair of a public facility on real property; and
9818 (b) does not include services and supplies for the routine, day-to-day operation, repair,
9819 or maintenance of an existing public facility.
9820 (15) "Construction manager/general contractor":
9821 (a) means a contractor who enters into a contract:
9822 (i) for the management of a construction project; and
9823 (ii) that allows the contractor to subcontract for additional labor and materials that are
9824 not included in the contractor's cost proposal submitted at the time of the procurement of the
9825 contractor's services; and
9826 (b) does not include a contractor whose only subcontract work not included in the
9827 contractor's cost proposal submitted as part of the procurement of the contractor's services is to
9828 meet subcontracted portions of change orders approved within the scope of the project.
9829 (16) "Construction subcontractor":
9830 (a) means a person under contract with a contractor or another subcontractor to provide
9831 services or labor for the design or construction of a construction project;
9832 (b) includes a general contractor or specialty contractor licensed or exempt from
9833 licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
9834 (c) does not include a supplier who provides only materials, equipment, or supplies to a
9835 contractor or subcontractor for a construction project.
9836 (17) "Contract" means an agreement for a procurement.
9837 (18) "Contract administration" means all functions, duties, and responsibilities
9838 associated with managing, overseeing, and carrying out a contract between a procurement unit
9839 and a contractor, including:
9840 (a) implementing the contract;
9841 (b) ensuring compliance with the contract terms and conditions by the conducting
9842 procurement unit and the contractor;
9843 (c) executing change orders;
9844 (d) processing contract amendments;
9845 (e) resolving, to the extent practicable, contract disputes;
9846 (f) curing contract errors and deficiencies;
9847 (g) terminating a contract;
9848 (h) measuring or evaluating completed work and contractor performance;
9849 (i) computing payments under the contract; and
9850 (j) closing out a contract.
9851 (19) "Contractor" means a person who is awarded a contract with a procurement unit.
9852 (20) "Cooperative procurement" means procurement conducted by, or on behalf of:
9853 (a) more than one procurement unit; or
9854 (b) a procurement unit and a cooperative purchasing organization.
9855 (21) "Cooperative purchasing organization" means an organization, association, or
9856 alliance of purchasers established to combine purchasing power in order to obtain the best
9857 value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
9858 (22) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
9859 contractor is paid a percentage of the total actual expenses or costs in addition to the
9860 contractor's actual expenses or costs.
9861 (23) "Cost-reimbursement contract" means a contract under which a contractor is
9862 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
9863 the provisions of this chapter, and a fee, if any.
9864 (24) "Days" means calendar days, unless expressly provided otherwise.
9865 (25) "Definite quantity contract" means a fixed price contract that provides for a
9866 specified amount of supplies over a specified period, with deliveries scheduled according to a
9867 specified schedule.
9868 (26) "Design professional" means:
9869 (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
9870 Licensing Act;
9871 (b) an individual licensed as a professional engineer or professional land surveyor
9872 under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
9873 Act; or
9874 (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
9875 State Certification of Commercial Interior Designers Act.
9876 (27) "Design professional procurement process" means the procurement process
9877 described in Part 15, Design Professional Services.
9878 (28) "Design professional services" means:
9879 (a) professional services within the scope of the practice of architecture as defined in
9880 Section 58-3a-102;
9881 (b) professional engineering as defined in Section 58-22-102;
9882 (c) master planning and programming services; or
9883 (d) services within the scope of the practice of commercial interior design, as defined
9884 in Section 58-86-102.
9885 (29) "Design-build" means the procurement of design professional services and
9886 construction by the use of a single contract.
9887 (30) "Director" means the director of the division.
9888 (31) "Division" means the Division of Purchasing and General Services, created in
9889 Section 63A-2-101.
9890 (32) "Educational procurement unit" means:
9891 (a) a school district;
9892 (b) a public school, including a local school board or a charter school;
9893 (c) the Utah Schools for the Deaf and the Blind;
9894 (d) the Utah Education and Telehealth Network;
9895 (e) an institution of higher education of the state described in Section 53B-1-102; or
9896 (f) the State Board of Education.
9897 (33) "Established catalogue price" means the price included in a catalogue, price list,
9898 schedule, or other form that:
9899 (a) is regularly maintained by a manufacturer or contractor;
9900 (b) is published or otherwise available for inspection by customers; and
9901 (c) states prices at which sales are currently or were last made to a significant number
9902 of any category of buyers or buyers constituting the general buying public for the supplies or
9903 services involved.
9904 (34) "Executive branch procurement unit" means a department, division, office,
9905 bureau, agency, or other organization within the state executive branch.
9906 (35) "Fixed price contract" means a contract that provides a price, for each
9907 procurement item obtained under the contract, that is not subject to adjustment except to the
9908 extent that:
9909 (a) the contract provides, under circumstances specified in the contract, for an
9910 adjustment in price that is not based on cost to the contractor; or
9911 (b) an adjustment is required by law.
9912 (36) "Fixed price contract with price adjustment" means a fixed price contract that
9913 provides for an upward or downward revision of price, precisely described in the contract, that:
9914 (a) is based on the consumer price index or another commercially acceptable index,
9915 source, or formula; and
9916 (b) is not based on a percentage of the cost to the contractor.
9917 (37) "Grant" means an expenditure of public funds or other assistance, or an agreement
9918 to expend public funds or other assistance, for a public purpose authorized by law, without
9919 acquiring a procurement item in exchange.
9920 (38) "Head of a procurement unit" means:
9921 (a) for a legislative procurement unit, any person designated by rule made by the
9922 applicable rulemaking authority;
9923 (b) for an executive branch procurement unit:
9924 (i) the director of the division; or
9925 (ii) any other person designated by the board, by rule;
9926 (c) for a judicial procurement unit:
9927 (i) the Judicial Council; or
9928 (ii) any other person designated by the Judicial Council, by rule;
9929 (d) for a local government procurement unit:
9930 (i) the legislative body of the local government procurement unit; or
9931 (ii) any other person designated by the local government procurement unit;
9932 (e) for a local district other than a public transit district, the board of trustees of the
9933 local district or a designee of the board of trustees;
9934 (f) for a special service district, the governing body of the special service district or a
9935 designee of the governing body;
9936 (g) for a local building authority, the board of directors of the local building authority
9937 or a designee of the board of directors;
9938 (h) for a conservation district, the board of supervisors of the conservation district or a
9939 designee of the board of supervisors;
9940 (i) for a public corporation, the board of directors of the public corporation or a
9941 designee of the board of directors;
9942 (j) for a school district or any school or entity within a school district, the board of the
9943 school district, or the board's designee;
9944 (k) for a charter school, the individual or body with executive authority over the charter
9945 school, or the individual's or body's designee;
9946 (l) for an institution of higher education described in Section 53B-2-101, the president
9947 of the institution of higher education, or the president's designee;
9948 (m) for a public transit district, the board of trustees or a designee of the board of
9949 trustees;
9950 (n) for the State Board of Education, the State Board of Education or a designee of the
9951 State Board of Education; or
9952 (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
9953 executive director of the Utah Communications Authority or a designee of the executive
9954 director.
9955 (39) "Immaterial error":
9956 (a) means an irregularity or abnormality that is:
9957 (i) a matter of form that does not affect substance; or
9958 (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
9959 or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
9960 (b) includes:
9961 (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
9962 professional license, bond, or insurance certificate;
9963 (ii) a typographical error;
9964 (iii) an error resulting from an inaccuracy or omission in the solicitation; and
9965 (iv) any other error that the chief procurement officer or the head of a procurement unit
9966 with independent procurement authority reasonably considers to be immaterial.
9967 (40) "Indefinite quantity contract" means a fixed price contract that:
9968 (a) is for an indefinite amount of procurement items to be supplied as ordered by a
9969 procurement unit; and
9970 (b) (i) does not require a minimum purchase amount; or
9971 (ii) provides a maximum purchase limit.
9972 (41) "Independent procurement authority" means authority granted to a procurement
9973 unit under Subsection 63G-6a-106(4)(a).
9974 (42) "Invitation for bids":
9975 (a) means a document used to solicit:
9976 (i) bids to provide a procurement item to a procurement unit; or
9977 (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
9978 (b) includes all documents attached to or incorporated by reference in a document
9979 described in Subsection (42)(a).
9980 (43) "Issuing procurement unit" means a procurement unit that:
9981 (a) reviews a solicitation to verify that it is in proper form;
9982 (b) causes the notice of a solicitation to be published; and
9983 (c) negotiates and approves the terms and conditions of a contract.
9984 (44) "Judicial procurement unit" means:
9985 (a) the Utah Supreme Court;
9986 (b) the Utah Court of Appeals;
9987 (c) the Judicial Council;
9988 (d) a state judicial district; or
9989 (e) an office, committee, subcommittee, or other organization within the state judicial
9990 branch.
9991 (45) "Labor hour contract" is a contract under which:
9992 (a) the supplies and materials are not provided by, or through, the contractor; and
9993 (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
9994 profit for a specified number of labor hours or days.
9995 (46) "Legislative procurement unit" means:
9996 (a) the Legislature;
9997 (b) the Senate;
9998 (c) the House of Representatives;
9999 (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
10000 (e) a committee, subcommittee, commission, or other organization:
10001 (i) within the state legislative branch; or
10002 (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
10003 (B) the membership of which includes legislators; and
10004 (C) for which the Office of Legislative Research and General Counsel provides staff
10005 support.
10006 (47) "Local building authority" means the same as that term is defined in Section
10007 17D-2-102.
10008 (48) "Local district" means the same as that term is defined in Section 17B-1-102.
10009 (49) "Local government procurement unit" means:
10010 (a) a county or municipality, and each office or agency of the county or municipality,
10011 unless the county or municipality adopts its own procurement code by ordinance;
10012 (b) a county or municipality that has adopted this entire chapter by ordinance, and each
10013 office or agency of that county or municipality; or
10014 (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
10015 the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
10016 office or agency of that county or municipality.
10017 (50) "Multiple award contracts" means the award of a contract for an indefinite
10018 quantity of a procurement item to more than one person.
10019 (51) "Multiyear contract" means a contract that extends beyond a one-year period,
10020 including a contract that permits renewal of the contract, without competition, beyond the first
10021 year of the contract.
10022 (52) "Municipality" means a city, town, or metro township.
10023 (53) "Nonadopting local government procurement unit" means:
10024 (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
10025 Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
10026 General Provisions Related to Protest or Appeal; and
10027 (b) each office or agency of a county or municipality described in Subsection (53)(a).
10028 (54) "Offeror" means a person who submits a proposal in response to a request for
10029 proposals.
10030 (55) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
10031 under the requirements of this chapter.
10032 (56) "Procure" means to acquire a procurement item through a procurement.
10033 (57) "Procurement":
10034 (a) means a procurement unit's acquisition of a procurement item through an
10035 expenditure of public funds, or an agreement to expend public funds, including an acquisition
10036 through a public-private partnership;
10037 (b) includes all functions that pertain to the acquisition of a procurement item,
10038 including:
10039 (i) preparing and issuing a solicitation; and
10040 (ii) (A) conducting a standard procurement process; or
10041 (B) conducting a procurement process that is an exception to a standard procurement
10042 process under Part 8, Exceptions to Procurement Requirements; and
10043 (c) does not include a grant.
10044 (58) "Procurement item" means a supply, a service, or construction.
10045 (59) "Procurement officer" means:
10046 (a) for a procurement unit with independent procurement authority:
10047 (i) the head of the procurement unit;
10048 (ii) a designee of the head of the procurement unit; or
10049 (iii) a person designated by rule made by the applicable rulemaking authority; or
10050 (b) for the division or a procurement unit without independent procurement authority,
10051 the chief procurement officer.
10052 (60) "Procurement unit":
10053 (a) means:
10054 (i) a legislative procurement unit;
10055 (ii) an executive branch procurement unit;
10056 (iii) a judicial procurement unit;
10057 (iv) an educational procurement unit;
10058 (v) the Utah Communications Authority, established in Section 63H-7a-201;
10059 (vi) a local government procurement unit;
10060 (vii) a local district;
10061 (viii) a special service district;
10062 (ix) a local building authority;
10063 (x) a conservation district;
10064 (xi) a public corporation; or
10065 (xii) a public transit district; and
10066 (b) does not include a political subdivision created under Title 11, Chapter 13,
10067 Interlocal Cooperation Act.
10068 (61) "Professional service" means labor, effort, or work that requires an elevated
10069 degree of specialized knowledge and discretion, including labor, effort, or work in the field of:
10070 (a) accounting;
10071 (b) administrative law judge service;
10072 (c) architecture;
10073 (d) construction design and management;
10074 (e) engineering;
10075 (f) financial services;
10076 (g) information technology;
10077 (h) the law;
10078 (i) medicine;
10079 (j) psychiatry; or
10080 (k) underwriting.
10081 (62) "Protest officer" means:
10082 (a) for the division or a procurement unit with independent procurement authority:
10083 (i) the head of the procurement unit;
10084 (ii) the head of the procurement unit's designee who is an employee of the procurement
10085 unit; or
10086 (iii) a person designated by rule made by the applicable rulemaking authority; or
10087 (b) for a procurement unit without independent procurement authority, the chief
10088 procurement officer or the chief procurement officer's designee who is an employee of the
10089 division .
10090 (63) "Public corporation" means the same as that term is defined in Section 63E-1-102.
10091 (64) "Public entity" means any government entity of the state or political subdivision of
10092 the state, including:
10093 (a) a procurement unit;
10094 (b) a municipality or county, regardless of whether the municipality or county has
10095 adopted this chapter or any part of this chapter; and
10096 (c) any other government entity located in the state that expends public funds.
10097 (65) "Public facility" means a building, structure, infrastructure, improvement, or other
10098 facility of a public entity.
10099 (66) "Public funds" means money, regardless of its source, including from the federal
10100 government, that is owned or held by a procurement unit.
10101 (67) "Public transit district" means a public transit district organized under Title 17B,
10102 Chapter 2a, Part 8, Public Transit District Act.
10103 (68) "Public-private partnership" means an arrangement or agreement, occurring on or
10104 after January 1, 2017, between a procurement unit and one or more contractors to provide for a
10105 public need through the development or operation of a project in which the contractor or
10106 contractors share with the procurement unit the responsibility or risk of developing, owning,
10107 maintaining, financing, or operating the project.
10108 (69) "Qualified vendor" means a vendor who:
10109 (a) is responsible; and
10110 (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
10111 meets the minimum mandatory requirements, evaluation criteria, and any applicable score
10112 thresholds set forth in the request for statement of qualifications.
10113 (70) "Real property" means land and any building, fixture, improvement, appurtenance,
10114 structure, or other development that is permanently affixed to land.
10115 (71) "Request for information" means a nonbinding process through which a
10116 procurement unit requests information relating to a procurement item.
10117 (72) "Request for proposals" means a document used to solicit proposals to provide a
10118 procurement item to a procurement unit, including all other documents that are attached to that
10119 document or incorporated in that document by reference.
10120 (73) "Request for proposals process" means the procurement process described in Part
10121 7, Request for Proposals.
10122 (74) "Request for statement of qualifications" means a document used to solicit
10123 information about the qualifications of a person interested in responding to a potential
10124 procurement, including all other documents attached to that document or incorporated in that
10125 document by reference.
10126 (75) "Requirements contract" means a contract:
10127 (a) under which a contractor agrees to provide a procurement unit's entire requirements
10128 for certain procurement items at prices specified in the contract during the contract period; and
10129 (b) that:
10130 (i) does not require a minimum purchase amount; or
10131 (ii) provides a maximum purchase limit.
10132 (76) "Responsible" means being capable, in all respects, of:
10133 (a) meeting all the requirements of a solicitation; and
10134 (b) fully performing all the requirements of the contract resulting from the solicitation,
10135 including being financially solvent with sufficient financial resources to perform the contract.
10136 (77) "Responsive" means conforming in all material respects to the requirements of a
10137 solicitation.
10138 (78) "Sealed" means manually or electronically secured to prevent disclosure.
10139 (79) "Service":
10140 (a) means labor, effort, or work to produce a result that is beneficial to a procurement
10141 unit;
10142 (b) includes a professional service; and
10143 (c) does not include labor, effort, or work provided under an employment agreement or
10144 a collective bargaining agreement.
10145 (80) "Small purchase process" means the procurement process described in Section
10146 63G-6a-506.
10147 (81) "Sole source contract" means a contract resulting from a sole source procurement.
10148 (82) "Sole source procurement" means a procurement without competition pursuant to
10149 a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
10150 procurement item.
10151 (83) "Solicitation" means an invitation for bids, request for proposals, request for
10152 statement of qualifications, or request for information.
10153 (84) "Solicitation response" means:
10154 (a) a bid submitted in response to an invitation for bids;
10155 (b) a proposal submitted in response to a request for proposals; or
10156 (c) a statement of qualifications submitted in response to a request for statement of
10157 qualifications.
10158 (85) "Special service district" means the same as that term is defined in Section
10159 17D-1-102.
10160 (86) "Specification" means any description of the physical or functional characteristics
10161 or of the nature of a procurement item included in an invitation for bids or a request for
10162 proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
10163 (a) a requirement for inspecting or testing a procurement item; or
10164 (b) preparing a procurement item for delivery.
10165 (87) "Standard procurement process" means:
10166 (a) the bidding process;
10167 (b) the request for proposals process;
10168 (c) the approved vendor list process;
10169 (d) the small purchase process; or
10170 (e) the design professional procurement process.
10171 (88) "State cooperative contract" means a contract awarded by the division for and in
10172 behalf of all public entities.
10173 (89) "Statement of qualifications" means a written statement submitted to a
10174 procurement unit in response to a request for statement of qualifications.
10175 (90) "Subcontractor":
10176 (a) means a person under contract to perform part of a contractual obligation under the
10177 control of the contractor, whether the person's contract is with the contractor directly or with
10178 another person who is under contract to perform part of a contractual obligation under the
10179 control of the contractor; and
10180 (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
10181 to a contractor.
10182 (91) "Supply" means a good, material, technology, piece of equipment, or any other
10183 item of personal property.
10184 (92) "Tie bid" means that the lowest responsive bids of responsible bidders are
10185 identical in price.
10186 (93) "Time and materials contract" means a contract under which the contractor is paid:
10187 (a) the actual cost of direct labor at specified hourly rates;
10188 (b) the actual cost of materials and equipment usage; and
10189 (c) an additional amount, expressly described in the contract, to cover overhead and
10190 profit, that is not based on a percentage of the cost to the contractor.
10191 (94) "Transitional costs":
10192 (a) means the costs of changing:
10193 (i) from an existing provider of a procurement item to another provider of that
10194 procurement item; or
10195 (ii) from an existing type of procurement item to another type;
10196 (b) includes:
10197 (i) training costs;
10198 (ii) conversion costs;
10199 (iii) compatibility costs;
10200 (iv) costs associated with system downtime;
10201 (v) disruption of service costs;
10202 (vi) staff time necessary to implement the change;
10203 (vii) installation costs; and
10204 (viii) ancillary software, hardware, equipment, or construction costs; and
10205 (c) does not include:
10206 (i) the costs of preparing for or engaging in a procurement process; or
10207 (ii) contract negotiation or drafting costs.
10208 (95) "Trial use contract" means a contract for a procurement item that the procurement
10209 unit acquires for a trial use or testing to determine whether the procurement item will benefit
10210 the procurement unit.
10211 (96) "Vendor":
10212 (a) means a person who is seeking to enter into a contract with a procurement unit to
10213 provide a procurement item; and
10214 (b) includes:
10215 (i) a bidder;
10216 (ii) an offeror;
10217 (iii) an approved vendor;
10218 (iv) a design professional; and
10219 (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
10220 Section 180. Section 63G-6a-202 is amended to read:
10221 63G-6a-202. Creation of Utah State Procurement Policy Board.
10222 (1) There is created the Utah State Procurement Policy Board.
10223 (2) The board consists of up to 15 members as follows:
10224 (a) two representatives of state institutions of higher education, appointed by the [
10225
10226 (b) a representative of the Department of Human Services, appointed by the executive
10227 director of that department;
10228 (c) a representative of the Department of Transportation, appointed by the executive
10229 director of that department;
10230 (d) two representatives of school districts, appointed by the State Board of Education;
10231 (e) a representative of the Division of Facilities Construction and Management,
10232 appointed by the director of that division;
10233 (f) one representative of a county, appointed by the Utah Association of Counties;
10234 (g) one representative of a city or town, appointed by the Utah League of Cities and
10235 Towns;
10236 (h) two representatives of local districts or special service districts, appointed by the
10237 Utah Association of Special Districts;
10238 (i) the executive director of the Department of Technology Services or the executive
10239 director's designee;
10240 (j) the chief procurement officer or the chief procurement officer's designee; and
10241 (k) two representatives of state agencies, other than a state agency already represented
10242 on the board, appointed by the executive director of the Department of Administrative
10243 Services, with the approval of the executive director of the state agency that employs the
10244 employee.
10245 (3) Members of the board shall be knowledgeable and experienced in, and have
10246 supervisory responsibility for, procurement in their official positions.
10247 (4) A board member may serve as long as the member meets the description in
10248 Subsection (2) unless removed by the person or entity with the authority to appoint the board
10249 member.
10250 (5) (a) The board shall:
10251 (i) adopt rules of procedure for conducting its business; and
10252 (ii) elect a chair to serve for one year.
10253 (b) The chair of the board shall be selected by a majority of the members of the board
10254 and may be elected to succeeding terms.
10255 (c) The chief procurement officer shall designate an employee of the division to serve
10256 as the nonvoting secretary to the policy board.
10257 (6) A member of the board may not receive compensation or benefits for the member's
10258 service, but may receive per diem and travel expenses in accordance with:
10259 (a) Section 63A-3-106;
10260 (b) Section 63A-3-107; and
10261 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
10262 63A-3-107.
10263 Section 181. Section 63G-7-301 is amended to read:
10264 63G-7-301. Waivers of immunity.
10265 (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
10266 obligation.
10267 (b) Actions arising out of contractual rights or obligations are not subject to the
10268 requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
10269 (c) The Division of Water Resources is not liable for failure to deliver water from a
10270 reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
10271 Act, if the failure to deliver the contractual amount of water is due to drought, other natural
10272 condition, or safety condition that causes a deficiency in the amount of available water.
10273 (2) Immunity from suit of each governmental entity is waived:
10274 (a) as to any action brought to recover, obtain possession of, or quiet title to real or
10275 personal property;
10276 (b) as to any action brought to foreclose mortgages or other liens on real or personal
10277 property, to determine any adverse claim on real or personal property, or to obtain an
10278 adjudication about any mortgage or other lien that the governmental entity may have or claim
10279 on real or personal property;
10280 (c) as to any action based on the negligent destruction, damage, or loss of goods,
10281 merchandise, or other property while it is in the possession of any governmental entity or
10282 employee, if the property was seized for the purpose of forfeiture under any provision of state
10283 law;
10284 (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
10285 Utah Constitution, Article I, Section 22, for the recovery of compensation from the
10286 governmental entity when the governmental entity has taken or damaged private property for
10287 public uses without just compensation;
10288 (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
10289 fees under Sections 63G-2-405 and 63G-2-802;
10290 (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
10291 Act;
10292 (g) as to any action brought to obtain relief from a land use regulation that imposes a
10293 substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
10294 Land Use Act;
10295 (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
10296 (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
10297 crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
10298 (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
10299 or other public improvement;
10300 (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
10301 proximately caused by a negligent act or omission of an employee committed within the scope
10302 of employment;
10303 (j) as to any action or suit brought under Section 20A-19-301 and as to any
10304 compensation or expenses awarded under Section 20A-19-301(5); and
10305 (k) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
10306 a sexual battery, as provided in Section 76-9-702.1, committed:
10307 (i) against a student of a public elementary or secondary school, including a charter
10308 school; and
10309 (ii) by an employee of a public elementary or secondary school or charter school who:
10310 (A) at the time of the sexual battery, held a position of special trust, as defined in
10311 Section 76-5-404.1, with respect to the student;
10312 (B) is criminally charged in connection with the sexual battery; and
10313 (C) the public elementary or secondary school or charter school knew or in the exercise
10314 of reasonable care should have known, at the time of the employee's hiring, to be a sex
10315 offender, as defined in Section 77-41-102, required to register under Title 77, Chapter 41, Sex
10316 and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
10317 background check under Section 53G-11-402.
10318 (3) (a) As used in this Subsection (3):
10319 (i) "Appropriate behavior policy" means a policy that:
10320 (A) is not less stringent than a model policy, created by the State Board of Education,
10321 establishing a professional standard of care for preventing the conduct described in Subsection
10322 (3)(a)(i)(D);
10323 (B) is adopted by the applicable local education governing body;
10324 (C) regulates behavior of a school employee toward a student; and
10325 (D) includes a prohibition against any sexual conduct between an employee and a
10326 student and against the employee and student sharing any sexually explicit or lewd
10327 communication, image, or photograph.
10328 (ii) "Local education agency" means:
10329 (A) a school district;
10330 (B) a charter school; or
10331 (C) the Utah Schools for the Deaf and the Blind.
10332 (iii) "Local education governing board" means:
10333 (A) for a school district, the local school board;
10334 (B) for a charter school, the charter school governing board; or
10335 (C) for the Utah Schools for the Deaf and the Blind, the state board.
10336 (iv) "Public school" means a public elementary or secondary school.
10337 (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
10338 (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
10339 the term "child" in that section to include an individual under age 18.
10340 (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
10341 claim against a local education agency for an injury resulting from a sexual battery or sexual
10342 abuse committed against a student of a public school by a paid employee of the public school
10343 who is criminally charged in connection with the sexual battery or sexual abuse, unless:
10344 (i) at the time of the sexual battery or sexual abuse, the public school was subject to an
10345 appropriate behavior policy; and
10346 (ii) before the sexual battery or sexual abuse occurred, the public school had:
10347 (A) provided training on the policy to the employee; and
10348 (B) required the employee to sign a statement acknowledging that the employee has
10349 read and understands the policy.
10350 (4) (a) As used in this Subsection (4):
10351 (i) "Higher education institution" means an institution included within the state system
10352 of higher education under Section 53B-1-102.
10353 (ii) "Policy governing behavior" means a policy adopted by a higher education
10354 institution or the [
10355 (A) establishes a professional standard of care for preventing the conduct described in
10356 Subsections (4)(a)(ii)(C) and (D);
10357 (B) regulates behavior of a special trust employee toward a subordinate student;
10358 (C) includes a prohibition against any sexual conduct between a special trust employee
10359 and a subordinate student; and
10360 (D) includes a prohibition against a special trust employee and subordinate student
10361 sharing any sexually explicit or lewd communication, image, or photograph.
10362 (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
10363 (iv) "Special trust employee" means an employee of a higher education institution who
10364 is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
10365 student.
10366 (v) "Subordinate student" means a student:
10367 (A) of a higher education institution; and
10368 (B) whose educational opportunities could be adversely impacted by a special trust
10369 employee.
10370 (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
10371 claim for an injury resulting from a sexual battery committed against a subordinate student by a
10372 special trust employee, unless:
10373 (i) the institution proves that the special trust employee's behavior that otherwise would
10374 constitute a sexual battery was:
10375 (A) with a subordinate student who was at least 18 years old at the time of the
10376 behavior; and
10377 (B) with the student's consent; or
10378 (ii) (A) at the time of the sexual battery, the higher education institution was subject to
10379 a policy governing behavior; and
10380 (B) before the sexual battery occurred, the higher education institution had taken steps
10381 to implement and enforce the policy governing behavior.
10382 Section 182. Section 63G-10-102 is amended to read:
10383 63G-10-102. Definitions.
10384 As used in this chapter:
10385 (1) (a) "Action settlement agreement" includes a stipulation, consent decree, settlement
10386 agreement, or any other legally binding document or representation that resolves a threatened
10387 or pending lawsuit between the state and another party by requiring the state to take legally
10388 binding action.
10389 (b) "Action settlement agreement" includes stipulations, consent decrees, settlement
10390 agreements, and other legally binding documents or representations resolving a dispute
10391 between the state and another party when the state is required to pay money and required to
10392 take legally binding action.
10393 (c) "Action settlement agreement" does not include:
10394 (i) the internal process established by the Department of Transportation to resolve
10395 construction contract claims;
10396 (ii) any resolution of an employment dispute or claim made by an employee of the state
10397 of Utah against the state as employer;
10398 (iii) adjudicative orders issued by the State Tax Commission, the Public Service
10399 Commission, the Labor Commission, or the Department of Workforce Services; or
10400 (iv) the settlement of disputes arising from audits, defaults, or breaches of permits,
10401 contracts of sale, easements, or leases by the School and Institutional Trust Lands
10402 Administration.
10403 (2) (a) "Agency" means each department, commission, board, council, agency,
10404 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
10405 unit, bureau, panel, or other administrative unit of the state.
10406 (b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
10407 office, the State Board of Education, the [
10408 the institutional councils of each higher education institution, and each higher education
10409 institution.
10410 (3) (a) "Financial settlement agreement" includes a stipulation, consent decree,
10411 settlement agreement, and any other legally binding document or representation that resolves a
10412 dispute between the state and another party exclusively by requiring the payment of money
10413 from one party to the other.
10414 (b) "Financial settlement agreement" does not include:
10415 (i) agreements made under the internal process established by the Department of
10416 Transportation to resolve construction contract claims;
10417 (ii) adjudicative orders issued by the State Tax Commission, Public Service
10418 Commission, Labor Commission, or the Department of Workforce Services;
10419 (iii) the settlement of disputes arising from audits, defaults, or breaches of permits,
10420 contracts of sale, easements, or leases by the School and Institutional Trust Lands
10421 Administration; or
10422 (iv) agreements made under the internal processes established by the Division of
10423 Facilities Construction and Management or by law to resolve construction contract claims
10424 made against the state by contractors or subcontractors.
10425 (4) "Government entities" means the state and its political subdivisions.
10426 Section 183. Section 63I-2-253 is amended to read:
10427 63I-2-253. Repeal dates -- Titles 53 through 53G.
10428 [
10429
10430 [
10431
10432
10433 (1) Section 53B-2a-103 is repealed July 1, 2021.
10434 (2) Section 53B-2a-104 is repealed July 1, 2021.
10435 [
10436 technical college board of [
10437 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
10438 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
10439 necessary changes to subsection numbering and cross references.
10440 [
10441 [
10442 provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
10443 (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
10444 change in performance with the technical college's average performance, is repealed July 1,
10445 2021.
10446 [
10447 provided in Subsection (3)(b)," is repealed July 1, 2021.
10448 (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
10449 during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
10450 [
10451 [
10452 [
10453 repealed on July 1, 2023:
10454 (i) Section 53B-8-202;
10455 (ii) Section 53B-8-203;
10456 (iii) Section 53B-8-204; and
10457 (iv) Section 53B-8-205.
10458 (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
10459 students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
10460 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
10461 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
10462 necessary changes to subsection numbering and cross references.
10463 [
10464 [
10465 is repealed July 1, 2023.
10466 [
10467 2020.
10468 [
10469 [
10470 performance and continued funding relating to the School Recognition and Reward Program, is
10471 repealed July 1, 2020.
10472 [
10473 [
10474 Education's duties if contributions from the minimum basic tax rate are overestimated or
10475 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
10476 2023.
10477 [
10478 repealed July 1, 2023.
10479 [
10480 applicable" is repealed July 1, 2023.
10481 [
10482 (19) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
10483 applicable" is repealed July 1, 2023.
10484 (20) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
10485 applicable" is repealed July 1, 2023.
10486 (21) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
10487 applicable" is repealed July 1, 2023.
10488 (22) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
10489 applicable" is repealed July 1, 2023.
10490 (23) On July 1, 2023, when making changes in this section, the Office of Legislative
10491 Research and General Counsel shall, in addition to the office's authority under Subsection
10492 36-12-12(3), make corrections necessary to ensure that sections and subsections identified in
10493 this section are complete sentences and accurately reflect the office's perception of the
10494 Legislature's intent.
10495 Section 184. Section 63I-2-263 is amended to read:
10496 63I-2-263. Repeal dates, Title 63A to Title 63N.
10497 (1) On July 1, 2020:
10498 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
10499 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
10500 May 8, 2018," is repealed.
10501 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
10502 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission, is
10503 repealed July 1, [
10504 (4) The following sections regarding the World War II Memorial Commission are
10505 repealed on July 1, 2020:
10506 (a) Section 63G-1-801;
10507 (b) Section 63G-1-802;
10508 (c) Section 63G-1-803; and
10509 (d) Section 63G-1-804.
10510 (5) In relation to the State Fair Park Committee, on January 1, 2021:
10511 (a) Section 63H-6-104.5 is repealed; and
10512 (b) Subsections 63H-6-104(8) and (9) are repealed.
10513 (6) Section 63H-7a-303 is repealed on July 1, 2022.
10514 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
10515 (a) Subsection 63J-1-602.1(52) is repealed;
10516 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
10517 and
10518 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
10519 (8) Section 63J-4-708 is repealed January 1, 2023.
10520 Section 185. Section 63I-5-102 is amended to read:
10521 63I-5-102. Definitions.
10522 As used in this chapter:
10523 (1) "Agency governing board" is any board or commission that has policy making and
10524 oversight responsibility over the agency, including the authority to appoint and remove the
10525 agency director.
10526 (2) "Agency head" means a cabinet officer, an elected official, an executive director, or
10527 a board or commission vested with responsibility to administer or make policy for a state
10528 agency.
10529 (3) "Agency internal audit director" or "audit director" means the person who:
10530 (a) directs the internal audit program for the state agency; and
10531 (b) is appointed by the audit committee or, if no audit committee has been established,
10532 by the agency head.
10533 (4) "Appointing authority" means:
10534 (a) the governor, for state agencies other than the State Tax Commission;
10535 (b) the Judicial Council, for judicial branch agencies;
10536 (c) the [
10537 entities;
10538 (d) the State Board of Education, for entities administered by the State Board of
10539 Education; or
10540 (e) the four tax commissioners, for the State Tax Commission.
10541 (5) "Audit committee" means a standing committee composed of members who:
10542 (a) are appointed by an appointing authority;
10543 (b) (i) do not have administrative responsibilities within the agency; and
10544 (ii) are not an agency contractor or other service provider; and
10545 (c) have the expertise to provide effective oversight of and advice about internal audit
10546 activities and services.
10547 (6) "Audit plan" means a prioritized list of audits to be performed by an internal audit
10548 program within a specified period of time.
10549 (7) "Higher education entity" means the [
10550
10551 education board of trustees, or each higher education institution.
10552 (8) "Internal audit" means an independent appraisal activity established within a state
10553 agency as a control system to examine and evaluate the adequacy and effectiveness of other
10554 internal control systems within the agency.
10555 (9) "Internal audit program" means an audit function that:
10556 (a) is conducted by an agency, division, bureau, or office, independent of the agency,
10557 division, bureau, or office operations;
10558 (b) objectively evaluates the effectiveness of agency, division, bureau, or office
10559 governance, risk management, internal controls, and the efficiency of operations; and
10560 (c) is conducted in accordance with the current:
10561 (i) International Standards for the Professional Practice of Internal Auditing; or
10562 (ii) The Government Auditing Standards, issued by the Comptroller General of the
10563 United States.
10564 (10) "Judicial branch agency" means each administrative entity of the judicial branch.
10565 (11) (a) "State agency" means:
10566 (i) each department, commission, board, council, agency, institution, officer,
10567 corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel,
10568 or other administrative unit of the state; or
10569 (ii) each state public education entity.
10570 (b) "State agency" does not mean:
10571 (i) a legislative branch agency;
10572 (ii) an independent state agency as defined in Section 63E-1-102;
10573 (iii) a county, municipality, school district, local district, or special service district; or
10574 (iv) any administrative subdivision of a county, municipality, school district, local
10575 district, or special service district.
10576 Section 186. Section 63I-5-201 is amended to read:
10577 63I-5-201. Internal auditing programs -- State agencies.
10578 (1) (a) The departments of Administrative Services, Agriculture, Commerce, Heritage
10579 and Arts, Corrections, Workforce Services, Environmental Quality, Health, Human Services,
10580 Natural Resources, Public Safety, and Transportation, and the State Tax Commission shall
10581 conduct various types of auditing procedures as determined by the agency head or governor.
10582 (b) The governor may, by executive order, require a state agency not described in
10583 Subsection (1)(a) to establish an internal audit program.
10584 (c) The governor shall ensure that each state agency that reports to the governor has
10585 adequate internal audit coverage.
10586 (2) (a) The Administrative Office of the Courts shall establish an internal audit
10587 program under the direction of the Judicial Council, including auditing procedures for courts
10588 not of record.
10589 (b) The Judicial Council may, by rule, require other judicial agencies to establish an
10590 internal audit program.
10591 (3) (a) Dixie State University, the University of Utah, Utah State University, Salt Lake
10592 Community College, Southern Utah University, Utah Valley University, Weber State
10593 University, and Snow College shall establish an internal audit program under the direction of
10594 the [
10595 (b) The [
10596 requiring other higher education entities or programs to establish an internal audit program.
10597 (4) The State Board of Education shall establish an internal audit program that provides
10598 internal audit services for each program administered by the State Board of Education.
10599 (5) Subject to Section 32B-2-302.5, the internal audit division of the Department of
10600 Alcoholic Beverage Control shall establish an internal audit program under the direction of the
10601 Alcoholic Beverage Control Commission.
10602 Section 187. Section 63J-1-210 is amended to read:
10603 63J-1-210. Restrictions on agency expenditures of money -- Lobbyists.
10604 (1) As used in this section:
10605 (a) (i) "Agency" means:
10606 (A) a department, commission, board, council, agency, institution, officer, corporation,
10607 fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
10608 administrative unit of the state; or
10609 (B) a school, a school district, or a charter school.
10610 (ii) "Agency" includes the legislative branch, the judicial branch, the [
10611
10612 institution, or a higher education institution.
10613 (b) "Contract lobbyist" means a person who is not an employee of an agency who is
10614 hired as an independent contractor by the agency to communicate with legislators or the
10615 governor for the purpose of influencing the passage, defeat, amendment, or postponement of a
10616 legislative action or an executive action.
10617 (c) "Executive action" means action undertaken by the governor, including signing or
10618 vetoing legislation, and action undertaken by any official in the executive branch of state
10619 government.
10620 (d) "Legislative action" means action undertaken by the Utah Legislature or any part of
10621 it.
10622 (2) An agency to which money is appropriated by the Legislature may not expend any
10623 money to pay a contract lobbyist.
10624 (3) This section does not affect the provisions of Title 36, Chapter 11, Lobbyist
10625 Disclosure and Regulation Act.
10626 Section 188. Section 63J-1-219 is amended to read:
10627 63J-1-219. Definitions -- Federal receipts reporting requirements.
10628 (1) As used in this section:
10629 (a) (i) "Designated state agency" means the Department of Administrative Services, the
10630 Department of Agriculture and Food, the Department of Alcoholic Beverage Control, the
10631 Department of Commerce, the Department of Heritage and Arts, the Department of
10632 Corrections, the Department of Environmental Quality, the Department of Financial
10633 Institutions, the Department of Health, the Department of Human Resource Management, the
10634 Department of Human Services, the Department of Insurance, the Department of Natural
10635 Resources, the Department of Public Safety, the Department of Technology Services, the
10636 Department of Transportation, the Department of Veterans and Military Affairs, the
10637 Department of Workforce Services, the Labor Commission, the Office of Economic
10638 Development, the Public Service Commission, the [
10639 Higher Education, the State Board of Education, the State Tax Commission, or the Utah
10640 National Guard.
10641 (ii) "Designated state agency" does not include the judicial branch, the legislative
10642 branch, or an office or other entity within the judicial branch or the legislative branch.
10643 (b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
10644 Sec. 7501, that is reported as part of a single audit.
10645 (c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
10646 (2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
10647 before October 31, prepare a report that:
10648 (a) reports the aggregate value of federal receipts the designated state agency received
10649 for the preceding fiscal year;
10650 (b) reports the aggregate amount of federal funds appropriated by the Legislature to the
10651 designated state agency for the preceding fiscal year;
10652 (c) calculates the percentage of the designated state agency's total budget for the
10653 preceding fiscal year that constitutes federal receipts that the designated state agency received
10654 for that fiscal year; and
10655 (d) develops plans for operating the designated state agency if there is a reduction of:
10656 (i) 5% or more in the federal receipts that the designated state agency receives; and
10657 (ii) 25% or more in the federal receipts that the designated state agency receives.
10658 (3) (a) The report required by Subsection (2) that the [
10659 Higher Education prepares shall include the information required by Subsections (2)(a) through
10660 (c) for each state institution of higher education listed in Section 53B-2-101.
10661 (b) The report required by Subsection (2) that the State Board of Education prepares
10662 shall include the information required by Subsections (2)(a) through (c) for each school district
10663 and each charter school within the public education system.
10664 (4) A designated state agency that prepares a report in accordance with Subsection (2)
10665 shall submit the report to the Division of Finance on or before November 1 of each year.
10666 (5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
10667 report that:
10668 (i) compiles and summarizes the reports the Division of Finance receives in accordance
10669 with Subsection (4); and
10670 (ii) compares the aggregate value of federal receipts each designated state agency
10671 received for the previous fiscal year to the aggregate amount of federal funds appropriated by
10672 the Legislature to that designated state agency for that fiscal year.
10673 (b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
10674 compile a list of designated state agencies that do not submit a report as required by this
10675 section.
10676 (6) The Division of Finance shall submit the report required by Subsection (5) to the
10677 Executive Appropriations Committee on or before December 1 of each year.
10678 (7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
10679 Appropriations Committee shall place the report on the agenda for review and consideration at
10680 the next Executive Appropriations Committee meeting.
10681 (8) When considering the report required by Subsection (5), the Executive
10682 Appropriations Committee may elect to:
10683 (a) recommend that the Legislature reduce or eliminate appropriations for a designated
10684 state agency;
10685 (b) take no action; or
10686 (c) take another action that a majority of the committee approves.
10687 Section 189. Section 63J-1-602.2 is amended to read:
10688 63J-1-602.2. List of nonlapsing appropriations to programs.
10689 Appropriations made to the following programs are nonlapsing:
10690 (1) The Legislature and its committees.
10691 (2) The Percent-for-Art Program created in Section 9-6-404.
10692 (3) The LeRay McAllister Critical Land Conservation Program created in Section
10693 11-38-301.
10694 (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
10695 Subsection 17-16-21(2)(d)(ii).
10696 (5) The Trip Reduction Program created in Section 19-2a-104.
10697 (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
10698 the Pelican Management Act, as provided in Section 23-21a-6.
10699 (7) The primary care grant program created in Section 26-10b-102.
10700 (8) Sanctions collected as dedicated credits from Medicaid provider under Subsection
10701 26-18-3(7).
10702 (9) The Utah Health Care Workforce Financial Assistance Program created in Section
10703 26-46-102.
10704 (10) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
10705 (11) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
10706 (12) Funds that the Department of Alcoholic Beverage Control retains in accordance
10707 with Subsection 32B-2-301(7)(a) or (b).
10708 (13) The General Assistance program administered by the Department of Workforce
10709 Services, as provided in Section 35A-3-401.
10710 (14) A new program or agency that is designated as nonlapsing under Section
10711 36-24-101.
10712 (15) The Utah National Guard, created in Title 39, Militia and Armories.
10713 (16) The State Tax Commission under Section 41-1a-1201 for the:
10714 (a) purchase and distribution of license plates and decals; and
10715 (b) administration and enforcement of motor vehicle registration requirements.
10716 (17) The Search and Rescue Financial Assistance Program, as provided in Section
10717 53-2a-1102.
10718 (18) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
10719 (19) The [
10720 preparation programs, as provided in Section 53B-6-104.
10721 (20) The Medical Education Program administered by the Medical Education Council,
10722 as provided in Section 53B-24-202.
10723 (21) The State Board of Education, as provided in Section 53F-2-205.
10724 (22) The Division of Services for People with Disabilities, as provided in Section
10725 62A-5-102.
10726 (23) The Division of Fleet Operations for the purpose of upgrading underground
10727 storage tanks under Section 63A-9-401.
10728 (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
10729 (25) Appropriations to the Department of Technology Services for technology
10730 innovation as provided under Section 63F-4-202.
10731 (26) The Office of Administrative Rules for publishing, as provided in Section
10732 63G-3-402.
10733 (27) The Utah Science Technology and Research Initiative created in Section
10734 63M-2-301.
10735 (28) The Governor's Office of Economic Development to fund the Enterprise Zone
10736 Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
10737 (29) Appropriations to fund the Governor's Office of Economic Development's Rural
10738 Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
10739 Employment Expansion Program.
10740 (30) The Department of Human Resource Management user training program, as
10741 provided in Section 67-19-6.
10742 (31) A public safety answering point's emergency telecommunications service fund, as
10743 provided in Section 69-2-301.
10744 (32) The Traffic Noise Abatement Program created in Section 72-6-112.
10745 (33) The Judicial Council for compensation for special prosecutors, as provided in
10746 Section 77-10a-19.
10747 (34) A state rehabilitative employment program, as provided in Section 78A-6-210.
10748 (35) The Utah Geological Survey, as provided in Section 79-3-401.
10749 (36) The Bonneville Shoreline Trail Program created under Section 79-5-503.
10750 (37) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
10751 78B-6-144.5.
10752 (38) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
10753 Defense Commission.
10754 (39) The program established by the Division of Facilities Construction and
10755 Management under Subsection 63A-5-228(3) under which state agencies receive an
10756 appropriation and pay lease payments for the use and occupancy of buildings owned by the
10757 Division of Facilities Construction and Management.
10758 Section 190. Section 63J-2-102 is amended to read:
10759 63J-2-102. Definitions.
10760 As used in this chapter:
10761 (1) (a) "Agency" means each department, commission, board, council, agency,
10762 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
10763 unit, bureau, panel, or other administrative unit of the state.
10764 (b) "Agency" does not include the legislative branch, the [
10765 of Higher Education, the Utah Higher Education Assistance Authority, the board of trustees of
10766 each higher education institution, each higher education institution and its associated branches,
10767 centers, divisions, institutes, foundations, hospitals, colleges, schools, or departments, a public
10768 education entity, or an independent agency.
10769 (2) "Dedicated credits" means the same as that term is defined in Section 63J-1-102.
10770 (3) "Fees" means revenue collected by an agency for performing a service or providing
10771 a function that the agency deposits or accounts for as dedicated credits.
10772 (4) (a) "Governmental fund" means funds used to account for the acquisition, use, and
10773 balances of expendable financial resources and related liabilities using a measurement focus
10774 that emphasizes the flow of financial resources.
10775 (b) "Governmental fund" does not include internal service funds, enterprise funds,
10776 capital projects funds, debt service funds, or trust and agency funds as established in Section
10777 51-5-4.
10778 (5) "Independent agency" means the Utah State Retirement Office and the Utah
10779 Housing Corporation.
10780 (6) "Program" means the same as that term is defined in Section 63J-1-102.
10781 (7) "Revenue types" means the categories established by the Division of Finance under
10782 the authority of this chapter that classify revenue according to the purpose for which it is
10783 collected.
10784 Section 191. Section 63J-3-103 is amended to read:
10785 63J-3-103. Definitions.
10786 As used in this chapter:
10787 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
10788 from unrestricted General Fund and Education Fund sources.
10789 (b) "Appropriations" includes appropriations that are contingent upon available
10790 surpluses in the General Fund and Education Fund.
10791 (c) "Appropriations" does not mean:
10792 (i) public education expenditures;
10793 (ii) Utah Education and Telehealth Network expenditures in support of public
10794 education;
10795 (iii) [
10796 expenditures in support of public education;
10797 (iv) State Tax Commission expenditures related to collection of income taxes in
10798 support of public education;
10799 (v) debt service expenditures;
10800 (vi) emergency expenditures;
10801 (vii) expenditures from all other fund or subfund sources;
10802 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
10803 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
10804 Account established in Section 63J-1-312;
10805 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
10806 established in Section 63J-1-313;
10807 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
10808 Wildland Fire Suppression Fund created in Section 65A-8-204 or the State Disaster Recovery
10809 Restricted Account created in Section 53-2a-603;
10810 (xii) money appropriated to fund the total one-time project costs for the construction of
10811 capital developments as defined in Section 63A-5-104;
10812 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
10813 created by Section 72-2-118;
10814 (xiv) transfers or deposits into or appropriations made to the Transportation Investment
10815 Fund of 2005 created by Section 72-2-124;
10816 (xv) transfers or deposits into or appropriations made to:
10817 (A) the Department of Transportation from any source; or
10818 (B) any transportation-related account or fund from any source; or
10819 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
10820 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
10821 current or previous fire years.
10822 (2) "Base year real per capita appropriations" means the result obtained for the state by
10823 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
10824 (a) the state's July 1, 1983 population; and
10825 (b) the fiscal year 1983 inflation index divided by 100.
10826 (3) "Calendar year" means the time period beginning on January 1 of any given year
10827 and ending on December 31 of the same year.
10828 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
10829 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
10830 Chapter 4.
10831 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
10832 ending on June 30 of the subsequent year.
10833 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
10834 capital and operations appropriations from General Fund and non-Uniform School Fund
10835 income tax revenue sources, less debt money.
10836 (7) "Inflation index" means the change in the general price level of goods and services
10837 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
10838 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202.
10839 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
10840 be, or could have been, spent in any given year under the limitations of this chapter.
10841 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
10842 spent or actual expenditures.
10843 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
10844 fiscal years previous to the fiscal year for which the maximum allowable inflation and
10845 population appropriations limit is being computed under this chapter.
10846 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
10847 years previous to the fiscal year for which the maximum allowable inflation and population
10848 appropriations limit is being computed under this chapter.
10849 (11) "Population" means the number of residents of the state as of July 1 of each year
10850 as calculated by the Governor's Office of Management and Budget according to the procedures
10851 and requirements of Section 63J-3-202.
10852 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
10853 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
10854 of the General Fund and from non-Uniform School Fund income tax revenues, except as
10855 specifically exempted by this chapter.
10856 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
10857 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
10858 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
10859 Section 192. Section 63N-1-301 is amended to read:
10860 63N-1-301. Annual report -- Content -- Format -- Strategic plan.
10861 (1) The office shall prepare and submit to the governor and the Legislature, by October
10862 1 of each year, an annual written report of the operations, activities, programs, and services of
10863 the office, including the divisions, sections, boards, commissions, councils, and committees
10864 established under this title, for the preceding fiscal year.
10865 (2) For each operation, activity, program, or service provided by the office, the annual
10866 report shall include:
10867 (a) a description of the operation, activity, program, or service;
10868 (b) data and metrics:
10869 (i) selected and used by the office to measure progress, performance, effectiveness, and
10870 scope of the operation, activity, program, or service, including summary data; and
10871 (ii) that are consistent and comparable for each state operation, activity, program, or
10872 service that primarily involves employment training or placement as determined by the
10873 executive directors of the office, the Department of Workforce Services, and the Governor's
10874 Office of Management and Budget;
10875 (c) budget data, including the amount and source of funding, expenses, and allocation
10876 of full-time employees for the operation, activity, program, or service;
10877 (d) historical data from previous years for comparison with data reported under
10878 Subsections (2)(b) and (c);
10879 (e) goals, challenges, and achievements related to the operation, activity, program, or
10880 service;
10881 (f) relevant federal and state statutory references and requirements;
10882 (g) contact information of officials knowledgeable and responsible for each operation,
10883 activity, program, or service; and
10884 (h) other information determined by the office that:
10885 (i) may be needed, useful, or of historical significance; or
10886 (ii) promotes accountability and transparency for each operation, activity, program, or
10887 service with the public and elected officials.
10888 (3) The annual report shall be designed to provide clear, accurate, and accessible
10889 information to the public, the governor, and the Legislature.
10890 (4) The office shall:
10891 (a) submit the annual report in accordance with Section 68-3-14;
10892 (b) make the annual report, and previous annual reports, accessible to the public by
10893 placing a link to the reports on the office's website; and
10894 (c) provide the data and metrics described in Subsection (2)(b) to the Talent Ready
10895 Utah Board created in Section 63N-12-503.
10896 (5) (a) On or before October 1, 2019, the office shall:
10897 (i) in consultation with the organizations described in Subsection (5)(c), coordinate the
10898 development of a written strategic plan that contains a coordinated economic development
10899 strategy for the state; and
10900 (ii) provide the strategic plan to the president of the Senate, the speaker of the House of
10901 Representatives, and the Economic Development and Workforce Services Interim Committee.
10902 (b) The strategic plan shall:
10903 (i) establish a statewide economic development strategy that consists of a limited set of
10904 clear, concise, and defined principles and goals;
10905 (ii) recommend targeted economic development policies that will further the
10906 implementation of the economic development strategy described in this section;
10907 (iii) identify each of the relevant state-level economic development agencies, including
10908 the agencies described in Subsection (5)(c);
10909 (iv) outline the functional role in furthering the state's economic development strategy
10910 for each relevant state-level economic development agency;
10911 (v) establish specific principles and make specific recommendations to decrease
10912 competition and increase communication and cooperation among state-level economic
10913 development agencies, providers and administrators of economic development programs in the
10914 state, nonprofit entities that participate in economic development in the state, and local
10915 governments;
10916 (vi) recommend a fundamental realignment of economic development programs in the
10917 state to ensure each program's purpose is congruent with the mission of the organization within
10918 which the program is located;
10919 (vii) address rural economic development by:
10920 (A) establishing goals and principles to ensure the state's economic development
10921 strategy works for both urban and rural areas of the state; and
10922 (B) providing recommendations on how existing rural economic development
10923 programs should be restructured or realigned;
10924 (viii) assess the effectiveness of the state's economic development incentives and make
10925 recommendations regarding:
10926 (A) how incentive policies could be improved; and
10927 (B) how incentives could be better coordinated among state-level economic
10928 development agencies and local governments;
10929 (ix) make recommendations regarding how to align the state's economic development
10930 strategy and policies in order to take advantage of the strengths and address the weaknesses of
10931 the state's current and projected urban and rural workforce;
10932 (x) make recommendations regarding how to monitor and assess whether certain
10933 economic development policies further the statewide economic development strategy described
10934 in this section, including recommendations on performance metrics to measure results; and
10935 (xi) align the strategic plan with each element of the statewide economic development
10936 strategy.
10937 (c) The office shall coordinate the development of the strategic plan by working in
10938 coordination with and obtaining information from other state agencies, including:
10939 (i) the Department of Workforce Services;
10940 (ii) the Office of Energy Development;
10941 (iii) the State Board of Education; and
10942 [
10943 [
10944 (iv) the Utah Board of Higher Education.
10945 (d) If contacted by the office, other state agencies, including those described in
10946 Subsection (5)(c), shall, in accordance with state and federal law, share information and
10947 cooperate with the office in coordinating the development of the strategic plan.
10948 Section 193. Section 63N-12-503 is amended to read:
10949 63N-12-503. Talent Ready Utah Board.
10950 (1) There is created within GOED the Talent Ready Utah Board composed of the
10951 following [
10952 (a) the state superintendent of public instruction or the superintendent's designee;
10953 (b) the commissioner of higher education or the commissioner of higher education's
10954 designee;
10955 [
10956
10957 [
10958 [
10959 executive director of the department's designee;
10960 [
10961 [
10962 director's designee;
10963 [
10964 [
10965 [
10966 House of Representatives;
10967 [
10968 [
10969 [
10970 (2) The talent ready board shall select a chair and vice chair from among the members
10971 of the talent ready board.
10972 (3) The talent ready board shall meet at least quarterly.
10973 (4) Attendance of a majority of the members of the talent ready board constitutes a
10974 quorum for the transaction of official talent ready board business.
10975 (5) Formal action by the talent ready board requires the majority vote of a quorum.
10976 (6) A member of the talent ready board:
10977 (a) may not receive compensation or benefits for the member's service; and
10978 (b) who is not a legislator may receive per diem and travel expenses in accordance
10979 with:
10980 (i) Section 63A-3-106;
10981 (ii) Section 63A-3-107; and
10982 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
10983 63A-3-107.
10984 (7) The talent ready board shall:
10985 (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
10986 and scope of any state operation, activity, program, or service that primarily involves
10987 employment training or placement; and
10988 (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
10989 comparable for each state operation, activity, program, or service that primarily involves
10990 employment training or placement;
10991 (b) make recommendations to the center regarding how to better align training and
10992 education in the state with industry demand;
10993 (c) make recommendations to the center regarding how to better align technical
10994 education with current and future workforce needs; and
10995 (d) coordinate with the center to meet the responsibilities described in Subsection
10996 63N-12-502(4).
10997 Section 194. Section 63N-12-508 is amended to read:
10998 63N-12-508. Utah Works.
10999 (1) There is created within the center the Utah Works Program.
11000 (2) The program, under the direction of the center and the talent ready board, shall
11001 develop workforce solutions that meet the needs of businesses that are creating jobs and
11002 economic growth in the state by:
11003 (a) partnering with the office, the Department of Workforce Services, [
11004
11005 higher education;
11006 (b) identifying businesses that have significant hiring demands in the state;
11007 (c) coordinating with the Department of Workforce Services to create effective
11008 recruitment initiatives to attract student and workforce participants and business participants to
11009 the program;
11010 (d) coordinating with the [
11011
11012 resources to provide student participants in the program qualifications to be hired by business
11013 participants in the program; and
11014 (e) coordinating with the State Board of Education and local education agencies when
11015 appropriate to develop educational and training resources to provide student participants in the
11016 program qualifications to be hired by business participants in the program.
11017 (3) The office, in consultation with the talent ready board, may, in accordance with
11018 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
11019 provisions of this section, make rules regarding the development and administration of the
11020 Utah Works Program.
11021 (4) The center shall report the following metrics to the office for inclusion in the
11022 office's annual report described in Section 63N-1-301:
11023 (a) the number of participants in the program;
11024 (b) the number of participants who have completed training offered by the program;
11025 and
11026 (c) the number of participants who have been hired by a business participating in the
11027 program.
11028 Section 195. Section 67-8-3 is amended to read:
11029 67-8-3. Compensation plan for appointive officers -- Exceptions -- Legislative
11030 approval -- Career status attorneys.
11031 (1) (a) The executive director of the Department of Human Resource Management,
11032 based upon recommendations of the Executive and Judicial Compensation Commission shall,
11033 before October 31 of each year, recommend to the governor a compensation plan for appointed
11034 officers of the state except those officers whose compensation is set under Section 49-11-203,
11035 53E-3-302, [
11036 (b) The plan shall include salaries and wages, paid leave, group insurance plans,
11037 retirement programs, and any other benefits that may be offered to state officers.
11038 (2) The governor shall include in each annual budget proposal to the Legislature
11039 specific recommendations on compensation for those appointed state officers in Subsection (1).
11040 (3) (a) After consultation with the attorney general, the executive director of the
11041 Department of Human Resource Management shall place career status attorneys on a state
11042 salary schedule at a range comparable with salaries paid attorneys in private and other public
11043 employment.
11044 (b) The attorney general and the executive director shall take into consideration the
11045 experience of the attorney, length of service with the Office of the Attorney General, quality of
11046 performance, and responsibility involved in legal assignments.
11047 (c) The attorney general and the executive director shall periodically adjust the salary
11048 levels for attorneys in a career status to reasonably compensate them for full-time employment
11049 and the restrictions placed on the private practice of law.
11050 Section 196. Section 67-19c-101 is amended to read:
11051 67-19c-101. Department award program.
11052 (1) As used in this section:
11053 (a) "Department" means the Department of Administrative Services, the Department of
11054 Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of
11055 Commerce, the Department of Heritage and Arts, the Department of Corrections, the
11056 Department of Workforce Services, the Department of Environmental Quality, the Department
11057 of Financial Institutions, the Department of Health, the Department of Human Resource
11058 Management, the Department of Human Services, the Insurance Department, the National
11059 Guard, the Department of Natural Resources, the Department of Public Safety, the Public
11060 Service Commission, the Labor Commission, the State Board of Education, the [
11061
11062 Technology Services, and the Department of Transportation.
11063 (b) "Department head" means the individual or body of individuals in whom the
11064 ultimate legal authority of the department is vested by law.
11065 (2) There is created a department awards program to award an outstanding employee in
11066 each department of state government.
11067 (3) (a) By April 1 of each year, each department head shall solicit nominations for
11068 outstanding employee of the year for his department from the employees in his department.
11069 (b) By July 1 of each year, the department head shall:
11070 (i) select a person from the department to receive the outstanding employee of the year
11071 award using the criteria established in Subsection (3)(c); and
11072 (ii) announce the recipient of the award to his employees.
11073 (c) Department heads shall make the award to a person who demonstrates:
11074 (i) extraordinary competence in performing his function;
11075 (ii) creativity in identifying problems and devising workable, cost-effective solutions to
11076 them;
11077 (iii) excellent relationships with the public and other employees;
11078 (iv) a commitment to serving the public as the client; and
11079 (v) a commitment to economy and efficiency in government.
11080 (4) (a) The Department of Human Resource Management shall divide any
11081 appropriation for outstanding department employee awards that it receives from the Legislature
11082 equally among the departments.
11083 (b) If the department receives money from the Department of Human Resource
11084 Management or if the department budget allows, the department head shall provide the
11085 employee with a bonus, a plaque, or some other suitable acknowledgement of the award.
11086 (5) (a) The department head may name the award after an exemplary present or former
11087 employee of the department.
11088 (b) A department head may not name the award for himself or for any relative as
11089 defined in Section 52-3-1.
11090 (c) Any awards or award programs existing in any department as of May 3, 1993, shall
11091 be modified to conform to the requirements of this section.
11092 Section 197. Section 67-21-3 is amended to read:
11093 67-21-3. Reporting of governmental waste or violations of law -- Employer action
11094 -- Exceptions.
11095 (1) (a) An employer may not take adverse action against an employee because the
11096 employee, or a person authorized to act on behalf of the employee, communicates in good
11097 faith:
11098 (i) the waste or misuse of public funds, property, or manpower;
11099 (ii) a violation or suspected violation of a law, rule, or regulation adopted under the law
11100 of this state, a political subdivision of this state, or any recognized entity of the United States;
11101 or
11102 (iii) as it relates to a state government employer:
11103 (A) gross mismanagement;
11104 (B) abuse of authority; or
11105 (C) unethical conduct.
11106 (b) For purposes of Subsection (1)(a), an employee is presumed to have communicated
11107 in good faith if the employee gives written notice or otherwise formally communicates the
11108 conduct described in Subsection (1)(a) to:
11109 (i) a person in authority over the person alleged to have engaged in the conduct
11110 described in Subsection (1)(a);
11111 (ii) the attorney general's office;
11112 (iii) law enforcement, if the conduct is criminal in nature;
11113 (iv) if the employee is a public entity employee, public body employee, legislative
11114 employee, or a judicial employee:
11115 (A) the state auditor's office;
11116 (B) the president of the Senate;
11117 (C) the speaker of the House of Representatives;
11118 (D) the Office of Legislative Auditor General;
11119 (E) the governor's office;
11120 (F) the state court administrator; or
11121 (G) the Division of Finance;
11122 (v) if the employee is a public entity employee, but not an employee of a state
11123 institution of higher education, the director of the Division of Purchasing and General Services;
11124 (vi) if the employee is a political subdivision employee:
11125 (A) the legislative body, or a member of the legislative body, of the political
11126 subdivision;
11127 (B) the governing body, or a member of the governing body, of the political
11128 subdivision;
11129 (C) the top executive of the political subdivision; or
11130 (D) any government official with authority to audit the political subdivision or the
11131 applicable part of the political subdivision; or
11132 (vii) if the employee is an employee of a state institution of higher education:
11133 [
11134 (A) the Utah Board of Higher Education or a member of the Utah Board of Higher
11135 Education;
11136 (B) the commissioner of higher education;
11137 (C) the president of the state institution of higher education where the employee is
11138 employed; or
11139 (D) the entity that conducts audits of the state institution of higher education where the
11140 employee is employed.
11141 (c) The presumption described in Subsection (1)(b) may be rebutted by showing that
11142 the employee knew or reasonably ought to have known that the report is malicious, false, or
11143 frivolous.
11144 (2) An employer may not take adverse action against an employee because an
11145 employee participates or gives information in an investigation, hearing, court proceeding,
11146 legislative or other inquiry, or other form of administrative review held by the public body.
11147 (3) An employer may not take adverse action against an employee because the
11148 employee has objected to or refused to carry out a directive that the employee reasonably
11149 believes violates a law of this state, a political subdivision of this state, or the United States, or
11150 a rule or regulation adopted under the authority of the laws of this state, a political subdivision
11151 of this state, or the United States.
11152 (4) An employer may not implement rules or policies that unreasonably restrict an
11153 employee's ability to document:
11154 (a) the waste or misuse of public funds, property, or manpower;
11155 (b) a violation or suspected violation of any law, rule, or regulation; or
11156 (c) as it relates to a state government employer:
11157 (i) gross mismanagement;
11158 (ii) abuse of authority; or
11159 (iii) unethical conduct.
11160 Section 198. Repealer.
11161 This bill repeals:
11162 Section 53B-1-101, Purpose of title.
11163 Section 53B-1-106, Appointment and hiring of staff -- Transfer of functions,
11164 personnel, and funds.
11165 Section 53B-1-107, Annual report of board activities.
11166 Section 53B-2a-102, Commissioner of technical education -- Appointment --
11167 Duties.
11168 Section 53B-2a-111, Board of Trustees -- Consultation with State Board of
11169 Regents.
11170 Section 199. Appropriation.
11171 The following sums of money are appropriated for the fiscal year beginning July 1,
11172 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
11173 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
11174 Act, the Legislature appropriates the following sums of money from the funds or accounts
11175 indicated for the use and support of the government of the state of Utah.
11176 ITEM 1
11177 To Legislature - Office of Legislative Research and General Counsel
11178 From General Fund, One-time
$1,200
11179 Schedule of Programs:
11180 Administration $1,200
11181 ITEM 2
11182 To Legislature - Senate
11183 From General Fund, One-time
$4,000
11184 Schedule of Programs:
11185 Administration $4,000
11186 ITEM 3
11187 To Legislature - House of Representatives
11188 From General Fund, One-time
$4,000
11189 Schedule of Programs:
11190 Administration $4,000
11191 The Legislature intends that an appropriation provided under items 1 through 3 be used
11192 for expenses relating to the Higher Education Strategic Planning Commission, described in
11193 Title 63C, Chapter 19, Higher Education Strategic Planning Commission.
11194
State Board of Regents
11195 ITEM 4
11196 To State Board of Regents - Administration
11197 From Education Fund
$4,742,600
11198 From Revenue Transfers
$106,200
11199 From Beginning Nonlapsing Balances
$380,800
11200 From Closing Nonlapsing Balances
($380,800)
11201 Schedule of Programs:
11202 Administration $4,848,800
11203 The Legislature intends that the Division of Finance rename the "State Board of
11204 Regents" agency "Utah Board of Higher Education" and the "State Board of Regents -
11205 Administration" line item "Utah Board of Higher Education - Administration".
11206 ITEM 5
11207 To State Board of Regents - Student Assistance
11208 From Education Fund
$38,400
11209 Schedule of Programs:
11210 Engineering Loan Repayment $38,400
11211 The Legislature intends that the Division of Finance rename the "State Board of
11212 Regents -- Student Assistance" line item "Utah Board of Higher Education -- Student
11213 Assistance".
11214 ITEM 6
11215 To State Board of Regents - Student Support
11216 From Education Fund
$18,605,800
11217 From Education Fund, One-time
$862,100
11218 From Education Fund Restricted - Performance Funding
11219 Restricted Account, One-time
$381,100
11220 From Beginning Nonlapsing Balances
$459,900
11221 From Closing Nonlapsing Balances
($459,900)
11222 Schedule of Programs:
11223 Concurrent Enrollment ($486,700)
11224 Articulation Support ($301,700)
11225 Higher Education Technology Initiative $5,504,600
11226 Utah Academic Library Consortium $3,410,000
11227 Engineering Initiative $5,000,000
11228 Math Competency Initiative $1,926,200
11229 Performance Funding -- Colleges and
11230 Universities $0
11231 Performance Funding -- Technical
11232 Colleges $237,400
11233 Custom Fit $4,559,200
11234 The Legislature intends that the Division of Finance rename the "State Board of
11235 Regents -- Student Support" line item "Utah Board of Higher Education -- Institutional and
11236 Student Support".
11237 ITEM 7
11238 To State Board of Regents - Technology
11239 From Education Fund
($7,983,500)
11240 From Education Fund, One-time
($862,100)
11241 From Education Fund Restricted - Performance Funding
11242 Restricted Account, One-time
($143,700)
11243 From Beginning Nonlapsing Balances
($700)
11244 From Closing Nonlapsing Balances
$700
11245 ITEM 8
11246 To State Board of Regents - Economic Development
11247 From Education Fund
($5,386,400)
11248 From Beginning Nonlapsing Balances
($127,400)
11249 From Closing Nonlapsing Balances
$127,400
11250 ITEM 9
11251 To State Board of Regents - Education Excellence
11252 From Education Fund
($935,900)
11253 From Education Fund Restricted - Performance Funding
11254 Restricted Account
($143,700)
11255 From Education Fund Restricted - Performance Funding
11256 Restricted Account, One-time
$143,700
11257 From Revenue Transfers
($106,200)
11258 From Beginning Nonlapsing Balances
($214,000)
11259 From Closing Nonlapsing Balances
$214,000
11260 ITEM 10
11261 To State Board of Regents - Math Competency Initiative
11262 From Education Fund
($1,926,200)
11263 From Beginning Nonlapsing Balances
($485,400)
11264 From Closing Nonlapsing Balances
$485,400
11265
Utah System of Technical Colleges
11266 ITEM 11
11267 To Utah System of Technical Colleges - USTC Administration
11268 From Education Fund
($7,154,800)
11269 From Education Fund Restricted - Performance Funding
11270 Restricted Account
($237,400)
11271 From Beginning Nonlapsing Balances
($13,200)
11272 From Closing Nonlapsing Balances
$13,200
11273 Section 200. Effective date.
11274 (1) Except as provided in Subsection (2), this bill takes effect July 1, 2020.
11275 (2) Amendments to the following sections take effect May 12, 2020:
11276 (a) Section 53B-1-401;
11277 (b) Section 53B-1-403;
11278 (c) Section 53B-1-501;
11279 (d) Section 53B-1-502;
11280 (e) Section 53B-1-503; and
11281 (f) Section 63C-19-202.
11282 Section 201. Coordinating S.B. 111 with H.B. 68 -- Substantive and technical
11283 amendments.
11284 If this S.B. 111 and H.B. 68, Apprenticeship and Work-Based Learning Amendments,
11285 both pass and become law, it is the intent of the Legislature that the Office of Legislative
11286 Research and General Counsel prepare the Utah Code database for publication by modifying
11287 Subsection 63N-12-507(1), amended in H.B. 68 to read:
11288 "(1) The center in collaboration with the talent ready board may partner with one or
11289 more of the following to facilitate and encourage apprenticeship opportunities and work-based
11290 learning opportunities for Utah students:
11291 (a) the state board;
11292 (b) the Utah system of higher education; and
11293 (c) a participating employer in the state."
11294 Section 202. Coordinating S.B. 111 with S.B. 60 -- Substantive and technical
11295 amendments.
11296 If this S.B. 111 and S.B. 60, Advice and Consent Amendments, both pass and become
11297 law, it is the intent of the Legislature that the Office of Legislative Research and General
11298 Counsel prepare the Utah Code database for publication by:
11299 (1) creating a newly enacted Subsection 53B-1-501(4) to read:
11300 "(4) Notwithstanding Section 67-1-2, for an appointment described in this section:
11301 (a) a majority of the president of the Senate, the Senate majority leader, and the Senate
11302 minority leader may waive the 30-day requirement described in Subsection 67-1-2(1); and
11303 (b) the Senate is not required to hold a confirmation hearing."; and
11304 (2) modifying Subsections 67-1-2(2)(b) and (3) amended in S.B. 60 to read:
11305 "(b) A majority of the president of the Senate, the Senate majority leader, and the
11306 Senate minority leader may waive the 30-day requirement described in Subsection (1) for a
11307 gubernatorial nominee other than a nominee for the following:
11308 (i) the executive director of a department;
11309 (ii) the executive director of the Governor's Office of Economic Development;
11310 (iii) the executive director of the Labor Commission;
11311 (iv) a member of the State Tax Commission;
11312 (v) a member of the State Board of Education;
11313 (vi) a member of the Utah Board of Higher Education; or
11314 (vii) an individual:
11315 (A) whose appointment requires the advice and consent of the Senate; and
11316 (B) whom the governor designates as a member of the governor's cabinet.
11317 (3) The Senate shall hold a confirmation hearing for a nominee for an individual
11318 described in Subsections (2)(b)(i) through (vii)."
11319 Section 203. Coordinating S.B. 111 with S.B. 90 -- Substantive and technical
11320 amendments.
11321 If this S.B. 111 and S.B. 90, Procurement Code Amendments, both pass and become
11322 law, it is the intent of the Legislature that the Office of Legislative Research and General
11323 Counsel prepare the Utah Code database for publication as follows:
11324 (1) the amendments to Section 63G-6a-103 in S.B. 90 supersede the amendments to
11325 Section 63G-6a-103 in S.B. 111;
11326 (2) modify the definition of "Procurement official" in Subsection 63G-6a-103(57)(n) to
11327 read:
11328 "(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
11329 the designee of the Commissioner of Higher Education;";
11330 (3) modify the definition of "Rulemaking authority" in Subsection 63G-6a-103(77)(f)
11331 to read:
11332 "(f) for a state institution of higher education, the Utah Board of Higher Education;";
11333 (4) (a) delete Subsection 63G-6a-103(77)(g); and
11334 (b) renumber remaining subsections accordingly;
11335 (5) modify Subsection 63G-6a-103(77)(k), which is renumbered to Subsection
11336 63G-6a-103(77)(j), to read:
11337 "(k) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
11338 Board of Higher Education;".
11339 Section 204. Revisor instructions.
11340 The Legislature intends that the Office of Legislative Research and General Counsel, in
11341 preparing the Utah Code database for publication, on July 1, 2020, replace "State Board of
11342 Regents" or "Board of Regents" with "Utah Board of Higher Education" in any new language
11343 added to the Utah Code by legislation passed during the 2020 General Session, except for the
11344 references to the "State Board of Regents" enacted in this bill in:
11345 (1) Section 53B-1-404; and
11346 (2) Title 53B, Chapter 1, Part 5, Transition to Utah Board of Higher Education.